Localism Bill (HL Bill 71)

arrangements which the authority has in place for the
discharge of its functions at the time that the proposal is
made to the Secretary of State,

(b) that the operation by the authority of the proposed
5arrangements would be likely to ensure that the decisions of
the authority are taken in an efficient, transparent and
accountable way, and

(c) that the arrangements, if prescribed under this section,
would be appropriate for all local authorities, or for any
10particular description of local authority, to consider.

(7) A proposal under subsection (5)—

(a) must describe the provision which the authority considers
should be made under subsection (2) in relation to the
proposed arrangements, and

(b) 15explain why the conditions in subsection (6) are met in
relation to the proposed arrangements.

CHAPTER 2 Executive arrangements

Local authority executives

9C Local authority executives

(1) 20The executive of a local authority must take a form specified in
subsection (2) or (3).

(2) The executive may consist of—

(a) an elected mayor of the authority, and

(b) two or more councillors of the authority appointed to the
25executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet
executive.

(3) The executive may consist of—

(a) a councillor of the authority (referred to in this Part as the
30executive leader) elected as leader of the executive by the
authority, and

(b) two or more councillors of the authority appointed to the
executive by the executive leader.

Such an executive is referred to in this Part as a leader and cabinet
35executive (England).

(4) A local authority executive may not include the chairman or vice-
chairman of the authority.

(5) The number of members of a local authority executive may not
exceed 10 or such other number as may be specified in regulations
40made by the Secretary of State.

(6) Section 101 of the Local Government Act 1972 (arrangements for
discharge of functions by local authorities) does not apply to the
function of electing a leader under subsection (3)(a).

Executive functions

9D Functions which are the responsibility of an executive

(1) This section has effect for the purposes of determining which of the
functions of a local authority that operates executive arrangements
5are the responsibility of an executive of the authority under those
arrangements.

(2) Subject to any provision made by this Act or by any enactment which
is passed or made after the day on which this Act is passed, any
function of the local authority which is not specified in regulations
10under subsection (3) is to be the responsibility of an executive of the
authority under executive arrangements.

(3) The Secretary of State may by regulations make provision for any
function of a local authority specified in the regulations—

(a) to be a function which is not to be the responsibility of an
15executive of the authority under executive arrangements,

(b) to be a function which may be the responsibility of such an
executive under such arrangements, or

(c) to be a function which—

(i) to the extent provided by the regulations, is to be the
20responsibility of such an executive under such
arrangements, and

(ii) to the extent provided by the regulations, is not to be
the responsibility of such an executive under such
arrangements.

(4) 25Executive arrangements must make provision for any function of a
local authority falling within subsection (3)(b)—

(a) to be a function which is to be the responsibility of an
executive of the authority,

(b) to be a function which is not to be the responsibility of such
30an executive, or

(c) to be a function which—

(i) to the extent provided by the arrangements, is to be
the responsibility of such an executive, and

(ii) to the extent provided by the arrangements, is not to
35be the responsibility of such executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in
relation to any function of a local authority that operates executive
arrangements—

(a) to designate any action in connection with the discharge of
40that function which is to be the responsibility of an executive
of the local authority, and

(b) to designate any action in connection with the discharge of
that function which is not to be the responsibility of such an
executive.

(6) 45The Secretary of State may by regulations specify cases or
circumstances in which any function of a local authority which, by
virtue of the preceding provisions of this section, would otherwise be
the responsibility of an executive of the authority to any extent is not

to be the responsibility of such an executive to that or any particular
extent.

(7) A function of a local authority may, by virtue of this section, be the
responsibility of an executive of the authority to any extent
5notwithstanding that section 101 of the Local Government Act 1972,
or any provision of that section, does not apply to that function.

(8) Any reference in this section to a function specified in regulations
includes a reference to a function of a description specified in
regulations.

(9) 10In this section—

• “action” in relation to any function includes any action (of
  whatever nature and whether or not separately identified by
  any enactment) involving—

  (a)

  the taking of any step in the course of, or otherwise for
  15the purposes of or in connection with, the discharge
  of the function,

  (b)

  the doing of anything incidental or conducive to the
  discharge of the function, or

  (c)

  the doing of anything expedient in connection with
  20the discharge of the function or any action falling
  within paragraph (a) or (b),

• “function” means a function of any nature, whether conferred
  or otherwise arising before, on or after the passing of this Act.

9DA Functions of an executive: further provision

(1) 25Any reference in the following provisions of this Chapter to any
functions which are, or are not, the responsibility of an executive of
a local authority under executive arrangements is a reference to the
functions of the authority to the extent to which they are or (as the
case may be) are not, by virtue of section 9D, the responsibility of the
30executive under such arrangements.

(2) Any function which is the responsibility of an executive of a local
authority under executive arrangements—

(a) is to be regarded as exercisable by the executive on behalf of
the authority, and

(b) 35may be discharged only in accordance with any provisions
made by or under this Part or section 236 of the Local
Government and Public Involvement in Health Act 2007
(exercise of functions by local councillors in England) which
apply to the discharge of any such function by that form of
40executive.

(3) Accordingly, any function which is the responsibility of an executive
of a local authority under executive arrangements—

(a) may not be discharged by the authority,

(b) is not to be a function to which section 101(1) of the Local
45Government Act 1972 applies, and

(c) may be the subject of arrangements made under section
101(5) of that Act only if permitted by any provision made
under section 9EC.

(4) Subject to any provision made under subsection (5), any function of
a local authority that operates executive arrangements which, under
those arrangements, is not the responsibility of the executive of the
local authority is to be discharged in any way which would be
5permitted or required apart from the provisions made by or under
this Chapter.

(5) The Secretary of State may by regulations make provision with
respect to the discharge of any function of a local authority that
operates executive arrangements which, under those arrangements,
10is not the responsibility of the executive of the local authority
(including provision disapplying section 101 of the Local
Government Act 1972 or any provision of that section).

(6) In this section “function” has the same meaning as in section 9D.

Discharge of functions

9E 15Discharge of functions: general

(1) Subject to any provision made under section 9EA, 9EB or 9EC, any
functions which, under executive arrangements, are the
responsibility of—

(a) a mayor and cabinet executive, or

(b) 20a leader and cabinet executive (England),

are to be discharged in accordance with this section.

(2) The senior executive member—

(a) may discharge any of those functions, or

(b) may arrange for the discharge of any of those functions—

(i) 25by the executive,

(ii) by another member of the executive,

(iii) by a committee of the executive, or

(iv) by an officer of the authority.

(3) Where by virtue of this section any functions may be discharged by
30a local authority executive, then, unless the senior executive member
otherwise directs, the executive may arrange for the discharge of any
of those functions—

(a) by a committee of the executive, or

(b) by an officer of the authority.

(4) 35Where by virtue of this section any functions may be discharged by
a member of a local authority executive, then, unless the senior
executive member otherwise directs, the member who may
discharge the functions may arrange for the discharge of any of those
functions by an officer of the authority.

(5) 40Where by virtue of this section any functions may be discharged by
a committee of a local authority executive, then, unless the senior
executive member otherwise directs, the committee may arrange for
the discharge of any of those functions by an officer of the authority.

(6) Any arrangements made by virtue of this section by a senior
45executive member, executive, member or committee for the
discharge of any functions by an executive, member, committee or

officer are not to prevent the senior executive member, executive,
member or committee by whom the arrangements are made from
exercising those functions.

(7) In this section “senior executive member” means—

(a) 5in the case of a mayor and cabinet executive, the elected
mayor;

(b) in the case of a leader and cabinet executive (England), the
executive leader.

9EA Discharge of functions by area committees

(1) 10The Secretary of State may by regulations make provision for or in
connection with enabling an executive of a local authority, or a
committee or specified member of such an executive, to arrange for
the discharge of any functions which, under executive arrangements,
are the responsibility of the executive by an area committee of that
15authority.

(2) Regulations under this section may impose limitations or restrictions
on the arrangements which may be made by virtue of the regulations
(including limitations or restrictions on the functions which may be
the subject of such arrangements).

(3) 20In this section—

• “area committee”, in relation to a local authority, means a
  committee or sub-committee of the authority which satisfies
  the conditions in subsection (4);

• “specified” means specified in regulations under this section.

(4) 25A committee or sub-committee of a local authority satisfies the
conditions in this subsection if—

(a) the committee or sub-committee is established to discharge
functions in respect of part of the area of the authority,

(b) the members of the committee or sub-committee who are
30members of the authority are elected for electoral divisions or
wards which fall wholly or partly within that part, and

(c) either or both of the conditions in subsection (5) are satisfied
in relation to that part.

(5) The conditions are—

(a) 35that the area of that part does not exceed two-fifths of the
total area of the authority, and

(b) that the population of that part, as estimated by the authority,
does not exceed two-fifths of the total population of the area
of the authority as so estimated.

9EB 40Discharge of functions of and by another local authority

(1) The Secretary of State may by regulations make provision for or in
connection with enabling an executive of a local authority, or a
committee or specified member of such an executive, to arrange for
the discharge of any functions which, under executive arrangements,
45are the responsibility of the executive—

(a) by a relevant authority (other than the local authority), or

(b) by a relevant executive (other than an executive of the local
authority) or a committee or specified member of such an
executive.

(2) The Secretary of State may by regulations make provision for or in
5connection with enabling a relevant authority in England to arrange
for the discharge of any of its functions by a relevant executive (other
than an executive of the relevant authority) or a committee or
specified member of such an executive.

(3) The reference in subsection (2) to the functions of a relevant authority
10in England, in a case where the authority is operating executive
arrangements, is a reference to the functions which, under those
arrangements, are not the responsibility of the authority’s executive.

(4) Regulations under subsection (1) or (2) may, in particular, include
provision—

(a) 15requiring, in the case of arrangements for the discharge of
any functions by a relevant executive or a committee or
member of such an executive, the approval of the authority of
which the executive is part to such arrangements;

(b) which, in the case of arrangements for the discharge of any
20functions by a relevant authority, enables any of those
functions to be delegated;

(c) which, in the case of arrangements for the discharge of any
functions by a relevant executive or a committee or member
of such an executive, enables any of those functions to be
25delegated.

(5) The provision made under subsection (4)(b) may, in particular, apply
or reproduce (with or without modifications) any provisions of
section 101(2) to (4) of the Local Government Act 1972.

(6) The provision made under subsection (4)(c) may, in particular, apply
30or reproduce (with or without modifications) any provisions of
section 9E(3) to (7).

(7) In this section—

• “relevant authority” means a local authority within the
  meaning of section 101 of the Local Government Act 1972;

• 35“relevant executive” means an executive of a local authority
  under either this Part or Part 2;

• “specified” means specified in regulations under this section.

9EC Joint exercise of functions

(1) The Secretary of State may by regulations make provision for or in
40connection with permitting arrangements under section 101(5) of the
Local Government Act 1972 where any of the functions which are the
subject of the arrangements are the responsibility of an executive of
a local authority under executive arrangements.

(2) The provision which may be made under subsection (1) includes, in
45particular, provision—

(a) as to the circumstances in which the executive, or a
committee or specified member of the executive, is to be a
party to the arrangements in place of the authority,

(b) as to the circumstances in which—

(i) the authority, and

(ii) the executive or a committee or specified member of
the executive,

5are both to be parties to the arrangements,

(c) as to the circumstances in which any functions of the local
authority under section 101(2) or 102(1)(b), (2) or (3) of the
Local Government Act 1972, so far as they relate to any joint
committee falling within section 101(5)(a) of that Act, are
10instead to be exercised by the executive or a committee or
specified member of the executive,

(d) as to the circumstances in which any functions of the local
authority under section 101(2) or 102(1)(b), (2) or (3) of that
Act, so far as they relate to any such joint committee, are to be
15exercised by the authority,

(e) as to the circumstances in which appointments to any such
joint committee by the executive, or a committee or specified
member of the executive, need not be made in accordance
with the political balance requirements,

(f) 20as to the persons (including officers of the authority) who
may be appointed to any such joint committee by the
executive or a committee or specified member of the
executive.

(3) In this section “specified” means specified in regulations under this
25section.

Overview and scrutiny committees

9F Overview and scrutiny committees: functions

(1) Executive arrangements by a local authority must include provision
for the appointment by the authority of one or more committees of
30the authority (referred to in this Chapter as overview and scrutiny
committees).

(2) Executive arrangements by a local authority must ensure that its
overview and scrutiny committee has power (or its overview and
scrutiny committees, and any joint overview and scrutiny
35committees, have power between them)—

(a) to review or scrutinise decisions made, or other action taken,
in connection with the discharge of any functions which are
the responsibility of the executive,

(b) to make reports or recommendations to the authority or the
40executive with respect to the discharge of any functions
which are the responsibility of the executive,

(c) to review or scrutinise decisions made, or other action taken,
in connection with the discharge of any functions which are
not the responsibility of the executive,

(d) 45to make reports or recommendations to the authority or the
executive with respect to the discharge of any functions
which are not the responsibility of the executive,

(e) to make reports or recommendations to the authority or the
executive on matters which affect the authority’s area or the
inhabitants of that area,

(f) in the case of the overview and scrutiny committee, or
5committees, of an authority to which section 244 of the
National Health Service Act 2006 applies—

(i) to review and scrutinise, in accordance with
regulations under that section, matters relating to the
health service (within the meaning given by that Act
10as extended by that section) in the authority’s area,
and

(ii) to make reports and recommendations on such
matters in accordance with the regulations.

(3) In subsection (2), “joint overview and scrutiny committee”, in
15relation to a local authority (“the authority concerned”), means—

(a) a joint overview and scrutiny committee within the meaning
given by subsection (2)(a) of section 245 of the National
Health Service Act 2006 appointed by the authority
concerned and one or more other local authorities,

(b) 20an overview and scrutiny committee of another local
authority exercising relevant functions (within the meaning
given by subsection (1) of that section) of the authority
concerned by virtue of arrangements made under regulations
under subsection (2)(b) of that section, or

(c) 25a joint overview and scrutiny committee within the meaning
of section 123 of the Local Government and Public
Involvement in Health Act 2007 (joint overview and scrutiny
committees) appointed by two or more local authorities
including the authority concerned.

(4) 30The power of an overview and scrutiny committee under subsection
(2)(a) to review or scrutinise a decision made but not implemented
includes power—

(a) to recommend that the decision be reconsidered by the
person who made it, or

(b) 35to arrange for its function under subsection (2)(a), so far as it
relates to the decision, to be exercised by the authority.

(5) An overview and scrutiny committee of a local authority may not
discharge any functions other than—

(a) its functions under this section and sections 9FA to 9FJ,

(b) 40its functions under section 19 of the Police and Justice Act
2006 (local authority scrutiny of crime and disorder matters),
or

(c) any functions which may be conferred on it by virtue of
regulations under section 9FH.

9FA 45Overview and scrutiny committees: supplementary provision

(1) An overview and scrutiny committee of a local authority—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any
such sub-committee.

(2) A sub-committee of an overview and scrutiny committee may not
discharge any functions other than those conferred on it under
subsection (1)(b).

(3) An overview and scrutiny committee of a local authority, or a sub-
5committee of such a committee, may not include any member of the
authority’s executive.

(4) An overview and scrutiny committee of a local authority, or any sub-
committee of such a committee, may include persons who are not
members of the authority.

(5) 10Subject to any provision made by or under paragraphs 6 to 8 of
Schedule A1 and to section 20(6) of the Police and Justice Act 2006,
any persons who are not members of the local authority are not
entitled to vote at any meeting of its overview and scrutiny
committee, or any sub-committee of such a committee, on any
15question which falls to be decided at that meeting, unless permitted
to do so under paragraphs 11 and 12 of that Schedule.

(6) An overview and scrutiny committee of a local authority, or a sub-
committee of such a committee, is to be treated—

(a) as a committee or sub-committee of a principal council for the
20purposes of Part 5A of the Local Government Act 1972
(access to meetings and documents of certain authorities,
committees and sub-committees), and

(b) as a body to which section 15 of the Local Government and
Housing Act 1989 (duty to allocate seats to political groups)
25applies.

(7) Subsections (2) and (5) of section 102 of the Local Government Act
1972 apply to an overview and scrutiny committee of a local
authority, or a sub-committee of such a committee, as they apply to
a committee appointed under that section.

(8) 30An overview and scrutiny committee of a local authority or a sub-
committee of such a committee—

(a) may require members of the executive, and officers of the
authority, to attend before it to answer questions,

(b) may require any other member of the authority to attend
35before it to answer questions relating to any function which
is exercisable by the member by virtue of section 236 of the
Local Government and Public Involvement in Health Act
2007 (exercise of functions by local councillors in England),
and

(c) 40may invite other persons to attend meetings of the
committee.

(9) It is the duty of any member or officer mentioned in paragraph (a) or
(b) of subsection (8) to comply with any requirement mentioned in
that paragraph.

(10) 45A person is not obliged by subsection (9) to answer any question
which the person would be entitled to refuse to answer in or for the
purposes of proceedings in a court in England and Wales.

(11) In exercising, or deciding whether to exercise, any of its functions an
overview and scrutiny committee of a local authority, or a sub-
committee of such a committee, must have regard to any guidance
for the time being issued by the Secretary of State.

(12) 5Guidance under subsection (11) may make different provision for
different cases or for different descriptions of committee or sub-
committee.

9FB Scrutiny officers

(1) Subject as follows, a local authority must designate one of its officers
10to discharge the functions in subsection (2).

(2) Those functions are—

(a) to promote the role of the authority’s overview and scrutiny
committee or committees,

(b) to provide support to the authority’s overview and scrutiny
15committee or committees and the members of that committee
or those committees,

(c) to provide support and guidance to—

(i) members of the authority,

(ii) members of the executive of the authority, and

(iii) 20officers of the authority,

in relation to the functions of the authority’s overview and
scrutiny committee or committees.

(3) An officer designated by a local authority under this section is to be
known as the authority’s “scrutiny officer”.

(4) 25A local authority may not designate any of the following under this
section—

(a) the head of the authority’s paid service designated under
section 4 of the Local Government and Housing Act 1989;

(b) the authority’s monitoring officer designated under section 5
30of that Act;

(c) the authority’s chief finance officer, within the meaning of
that section.

(5) The duty in subsection (1) does not apply to a district council for an
area for which there is a county council.

(6) 35In this section, references to an overview and scrutiny committee
include any sub-committee of that committee.

9FC Reference of matters to overview and scrutiny committee etc

(1) Executive arrangements by a local authority must include provision
which—

(a) 40enables any member of an overview and scrutiny committee
of the authority to refer to the committee any matter which is
relevant to the functions of the committee,

(b) enables any member of a sub-committee of such a committee
to refer to the sub-committee any matter which is relevant to
45the functions of the sub-committee, and