Localism Bill (HL Bill 71)

(c) enables any member of the authority to refer to an overview
and scrutiny committee of the authority of which the member
of the authority is not a member any local government matter
which is relevant to the functions of the committee.

(2) 5For the purposes of subsection (1), provision enables a person to refer
a matter to a committee or sub-committee if it enables the person to
ensure that the matter is included in the agenda for, and discussed
at, a meeting of the committee or sub-committee.

(3) In considering whether to exercise the power which a member of an
10authority has by virtue of subsection (1)(c) in any case, the member
must have regard to any guidance for the time being issued by the
Secretary of State.

(4) Guidance under subsection (3) may make different provision for
different cases.

(5) 15In this section “local government matter”, in relation to a member of
a local authority, means a matter which—

(a) relates to the discharge of any function of the authority,

(b) affects all or part of the electoral area for which the member
is elected or any person who lives or works in that area, and

(c) 20is not an excluded matter.

(6) In subsection (5)(c), “excluded matter” means any matter which is—

(a) a local crime and disorder matter within the meaning of
section 19 of the Police and Justice Act 2006 (local authority
scrutiny of crime and disorder matters), or

(b) 25a matter of any description specified in an order made by the
Secretary of State for the purposes of this section.

9FD Dealing with references under section 9FC(1)(c)

(1) This section applies where a local government matter is referred to
an overview and scrutiny committee by a member of a local
30authority in accordance with provision made pursuant to section
9FC(1)(c).

(2) In considering whether or not to exercise any of its powers under
section 9F(2) in relation to the matter, the committee may have
regard to—

(a) 35any powers which the member may exercise in relation to the
matter 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

(b) any representations made by the member as to why it would
40be appropriate for the committee to exercise any of its powers
under section 9F(2) in relation to the matter.

(3) If the committee decides not to exercise any of those powers in
relation to the matter, it must notify the member of—

(a) its decision, and

(b) 45the reasons for it.

(4) The committee must provide the member with a copy of any report
or recommendations which it makes to the authority or the executive
under section 9F(2) in relation to the matter.

(5) Subsection (4) is subject to section 9FG (confidential and exempt
5information).

(6) In this section “local government matter” has the same meaning as in
section 9FC.

9FE Duty of authority or executive to respond to overview and scrutiny
committee

(1) 10This section applies where an overview and scrutiny committee of a
local authority makes a report or recommendations to the authority
or the executive, otherwise than—

(a) by virtue of subsection (1)(b) of section 19 of the Police and
Justice Act 2006 (local authority scrutiny of crime and
15disorder matters), or

(b) by virtue of subsection (3)(a) of that section.

(2) The overview and scrutiny committee may publish the report or
recommendations.

(3) The overview and scrutiny committee must by notice in writing
20require the authority or executive—

(a) to consider the report or recommendations,

(b) to respond to the overview and scrutiny committee
indicating what (if any) action the authority, or the executive,
proposes to take,

(c) 25if the overview and scrutiny committee has published the
report or recommendations under subsection (2), to publish
the response, and

(d) if the overview and scrutiny committee provided a copy of
the report or recommendations to a member of the authority
30under section 9FD(4), to provide the member with a copy of
the response.

(4) The notice served under subsection (3) must require the authority or
executive to comply with it within two months beginning with the
date on which the authority or executive received the report or
35recommendations or (if later) the notice.

(5) It is the duty of an authority or executive to which a notice is given
under subsection (3) to comply with the requirements specified in
the notice.

(6) Subsections (2) and (5) are subject to section 9FG and to any
40provision made under section 9GA(8) (confidential and exempt
information).

(7) In this section—

(a) references to an overview and scrutiny committee include
references to a sub-committee of such a committee;

(b) 45references to “the authority” or “the executive”, in relation to
an overview and scrutiny committee, or a sub-committee of
such a committee, are to the authority by which the overview

and scrutiny committee is established or to the executive of
that authority.

9FF Reports and recommendations of overview and scrutiny committees:
duties of certain partner authorities

(1) 5This section applies where—

(a) a relevant committee makes a report or recommendations to
the authority or the executive, otherwise than—

(i) by virtue of subsection (1)(b) of section 19 of the Police
and Justice Act 2006 (local authority scrutiny of crime
10and disorder matters), or

(ii) by virtue of subsection (3)(a) of that section, and

(b) the report or any of the recommendations relates to a local
improvement target which—

(i) relates to a relevant partner authority, and

(ii) 15is specified in a local area agreement of the authority.

(2) The relevant committee may by notice in writing to the relevant
partner authority require the relevant partner authority to have
regard to the report or recommendation in question in exercising its
functions.

(3) 20A notice under subsection (2) must be accompanied by a copy of the
report or recommendations.

(4) It is the duty of a relevant partner authority to which a notice is given
under subsection (2) to comply with the requirement specified in the
notice.

(5) 25Subsection (2) does not apply if—

(a) the relevant partner authority is a health service body, and

(b) by virtue of section 244 of the National Health Service Act
2006, the report was, or the recommendations were, made to
the health service body (as well as to the authority or the
30executive).

(6) In subsection (5), “health service body” means—

(a) a National Health Service trust,

(b) an NHS foundation trust, or

(c) a Primary Care Trust.

(7) 35Subsections (2) and (3) are subject to section 9FG (confidential and
exempt information).

(8) In this section—

• “the authority”, in relation to a relevant committee, means—

  (a)

  in the case of an overview and scrutiny committee,
  40the local authority by which it is established, and

  (b)

  in the case of a sub-committee of an overview and
  scrutiny committee, the local authority by which the
  overview and scrutiny committee is established,

• “the executive”, in relation to a relevant committee, means the
  45executive of the authority,

Localism BillPage 203

• “local improvement target” and “local area agreement” have the
  same meanings as in Chapter 1 of Part 5 of the Local
  Government and Public Involvement in Health Act 2007
  (local area agreements),

• 5“relevant committee” means—

  (a)

  any overview and scrutiny committee of—

  (i)

  a county council in England,

  (ii)

  a district council, other than a council for a
  district in a county for which there is a county
  10council, or

  (iii)

  a London borough council, or

  (b)

  a sub-committee of an overview and scrutiny
  committee within paragraph (a), and

• “relevant partner authority”, in relation to a relevant committee,
  15means any person who is a partner authority in relation to the
  authority for the purposes of Chapter 1 of Part 5 of the Local
  Government and Public Involvement in Health Act 2007,
  other than a chief officer of police.

(9) In this section references to a target relating to a relevant partner
20authority are to be construed in accordance with section 105(3) of the
Local Government and Public Involvement in Health Act 2007.

9FG Publication etc of reports, recommendations and responses:
confidential and exempt information

(1) This section applies to—

(a) 25the publication under section 9FE of any document
comprising—

(i) a report or recommendations of an overview and
scrutiny committee, or

(ii) a response of a local authority to any such report or
30recommendations, and

(b) the provision of a copy of such a document—

(i) to a member of a local authority under section 9FD(4)
or section 9FE, or

(ii) to a relevant partner authority under section 9FF,

35by an overview and scrutiny committee or a local authority.

(2) The overview and scrutiny committee or the local authority, in
publishing the document or providing a copy of the document to a
relevant partner authority—

(a) must exclude any confidential information, and

(b) 40may exclude any relevant exempt information.

(3) The overview and scrutiny committee or the local authority, in
providing a copy of the document to a member of the local authority,
may exclude any confidential information or relevant exempt
information.

(4) 45Where information is excluded under subsection (2) or (3), the
overview and scrutiny committee or the local authority, in
publishing, or providing a copy of, the document—

(a) may replace so much of the document as discloses the
information with a summary which does not disclose that
information, and

(b) must do so if, in consequence of excluding the information,
5the document published, or copy provided, would be
misleading or not reasonably comprehensible.

(5) Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an
overview and scrutiny committee, in publishing or providing a copy
of a report or recommendations—

(a) 10excludes information, or

(b) replaces part of the report or recommendations with a
summary.

(6) The overview and scrutiny committee is nevertheless to be taken for
the purposes of section 9FE(3)(c) or (d) to have published or
15provided a copy of the report or recommendations.

(7) In this section references to relevant exempt information are
references to—

(a) in relation to a report or recommendations of an overview
and scrutiny committee, exempt information of a description
20specified in a resolution of the overview and scrutiny
committee under section 100A(4) of the Local Government
Act 1972 which applied to the proceedings, or part of the
proceedings, at any meeting of the overview and scrutiny
committee at which the report was, or recommendations
25were, considered, and

(b) in relation to a response of the authority, exempt information
of a description specified in such a resolution of the authority
which applied to the proceedings, or part of the proceedings,
at any meeting of the authority at which the report or
30response was, or recommendations were, considered.

(8) In this section—

• “confidential information” has the meaning given by section
  100A(3) of the Local Government Act 1972 (admission to
  meetings of principal councils),

• 35“exempt information” has the meaning given by section 100I of
  that Act, and, in relation to—

  (a)

  any report or recommendations of an overview and
  scrutiny committee which has functions under
  section 9F(2)(f) (national health service functions), or

  (b)

  40any response to such a report or recommendations,

  also includes information which is exempt information under
  section 246 of the National Health Service Act 2006, and

• “relevant partner authority”, in relation to an overview and
  scrutiny committee which is a relevant committee within the
  45meaning of section 9FF, has the same meaning as in that
  section.

(9) In this section, references to an overview and scrutiny committee
include references to a sub-committee of such a committee.

9FH Overview and scrutiny committees of certain district councils:
functions with respect to partner authorities

(1) This section applies to any district council that—

(a) operates executive arrangements, and

(b) 5is a partner authority in relation to a county council (“the
related county council”).

(2) The Secretary of State may by regulations make provision under
which a district council to which this section applies may confer on
its overview and scrutiny committee, or any of its overview and
10scrutiny committees, power to make reports and recommendations
to the related county council, or that council’s executive, which relate
to any local improvement target which—

(a) relates to a relevant partner authority, and

(b) is specified in a local area agreement of the county council.

(3) 15Regulations under subsection (2) may make provision applying or
reproducing any provision of section 9FE, 9FF or 9FG (with or
without modifications).

(4) For the purposes of this section—

(a) “relevant partner authority”, in relation to a district council,
20means—

(i) the related county council, or

(ii) any other authority which is a partner authority in
relation to that county council, other than a chief
officer of police,

(b) 25“local area agreement”, “local improvement target” and
“partner authority” have the same meanings as in Chapter 1
of Part 5 of the Local Government and Public Involvement in
Health Act 2007, and

(c) section 105(2) or (3) of that Act applies for the purpose of
30determining whether a local improvement target relates to a
relevant partner authority.

9FI Overview and scrutiny committees: flood risk management

(1) This section applies to a local authority that operates executive
arrangements and that is a lead local flood authority.

(2) 35The arrangements required under section 9F(2) include
arrangements to review and scrutinise the exercise by risk
management authorities of flood risk management functions or
coastal erosion risk management functions which may affect the
local authority’s area.

(3) 40A risk management authority must comply with a request made by
an overview and scrutiny committee, in the course of arrangements
under subsection (2), for—

(a) information;

(b) a response to a report.

(4) 45The Secretary of State may make regulations about the duty under
subsection (3) which may, in particular, include provision—

(a) about the procedure to be followed in relation to requests and
compliance with them,

(b) about notices to be served in relation to requests,

(c) for exemptions from the duty,

(d) 5requiring persons to attend to give information orally,

(e) about the nature of the information and responses that may
be requested, and

(f) about the publication of requests, information and responses.

(5) A risk management authority must have regard to reports and
10recommendations of an overview and scrutiny committee in the
course of arrangements under subsection (2).

(6) Regulations under section 123 of the Local Government and Public
Involvement in Health Act 2007 may make provision about the
application of this section in relation to joint overview and scrutiny
15committees.

(7) Expressions used in this section have the same meaning as in Part 1
of the Flood and Water Management Act 2010.

9FJ Overview and scrutiny committees: provision of information etc by
certain partner authorities

(1) 20The Secretary of State may by regulations make provision, in relation
to a relevant committee—

(a) as to information which relevant partner authorities must
provide to the relevant committee, and

(b) as to information which may not be disclosed by a relevant
25partner authority to the relevant committee.

(2) In subsection (1), references to information do not include
information in respect of which provision may be made in exercise
of the power conferred by—

(a) section 20(5)(c) or (d) of the Police and Justice Act 2006
30(guidance and regulations regarding crime and disorder
matters), or

(b) section 244(2)(d) or (e) of the National Health Service Act
2006 (functions of overview and scrutiny committees).

(3) For the purposes of subsection (1), “relevant committee” and
35“relevant partner authority” have the meanings given by section 9FF.

(4) The Secretary of State may also by regulations make provision, in
relation to a relevant district council committee—

(a) as to information which associated authorities must provide
to the relevant district council committee, and

(b) 40as to information which may not be disclosed by an
associated authority to the relevant district council
committee.

(5) In subsection (4), references to information do not include
information in respect of which provision may be made in exercise
45of the power conferred by section 20(5)(c) or (d) of the Police and
Justice Act 2006 (guidance and regulations regarding crime and
disorder matters).

(6) For the purposes of subsection (4)—

(a) “relevant district council committee” means—

(i) an overview and scrutiny committee of a district
council which is not a responsible local authority
5(“the district council”), or

(ii) a sub-committee of such a committee;

(b) “associated authority”, in relation to a relevant district
council committee, means—

(i) the county council which is the responsible local
10authority in relation to the district council, or

(ii) any authority (other than the district council) which is
a partner authority in relation to that county council,
other than a chief officer of police.

(7) For the purposes of subsection (6) “responsible local authority” and
15“partner authority” have the same meanings as in Chapter 1 of Part
5 of the Local Government and Public Involvement in Health Act
2007

(8) Regulations under this section may make different provision in
relation to different persons or committees or descriptions of person
20or committee.

(9) The power conferred by subsection (8) does not affect the power
conferred by section 105(2)(b).

Further provision in relation to executives

9G Meetings and access to information etc

(1) 25Meetings of a local authority executive, or a committee of such an
executive, are to be open to the public or held in private.

(2) Subject to regulations under section 9GA(4), it is for a local authority
executive to decide which of its meetings, and which of the meetings
of any committee of the executive, are to be open to the public and
30which of those meetings are to be held in private.

(3) A written record must be kept of prescribed decisions made at
meetings of local authority executives, or committees of such
executives, which are held in private.

(4) A written record must be kept of prescribed decisions made by
35individual members of local authority executives.

(5) Written records under subsection (3) or (4) must include reasons for
the decisions to which they relate.

(6) In this section “prescribed” means prescribed by regulations made
by the Secretary of State.

9GA 40Meetings and access to information etc: further provision and
regulations

(1) Written records under section 9G(3) and (4), together with such
reports, background papers or other documents as may be
prescribed, must be made available to members of the public in
45accordance with regulations made by the Secretary of State.

(2) Regulations under subsection (1) may make provision for or in
connection with preventing the whole or part of any record or
document containing prescribed information from being made
available to members of the public.

(3) 5The Secretary of State may by regulations make provision—

(a) with respect to the access of the public to meetings of joint
committees, or sub-committees of such committees, at which
decisions are made in connection with the discharge of
functions which are the responsibility of executives
10(including provision enabling such meetings to be held in
private),

(b) for or in connection with requiring written records to be kept
of decisions made at meetings which by virtue of paragraph
(a) are held in private,

(c) 15for or in connection with requiring written records falling
within paragraph (b) to include reasons,

(d) for or in connection with requiring any such written records
to be made available to members of the public,

(e) for or in connection with requiring documents connected
20with decisions to which any such written records relate to be
made available to members of the public.

(4) The Secretary of State may by regulations make provision—

(a) as to the circumstances in which meetings mentioned in
section 9G(2), or particular proceedings at such meetings,
25must be open to the public,

(b) as to the circumstances in which meetings mentioned in
section 9G(2), or particular proceedings at such meetings,
must be held in private,

(c) with respect to the information which is to be included in
30written records kept by virtue of this section or section 9G,

(d) with respect to the reasons which are to be included in any
such written records,

(e) with respect to the persons who are to produce, keep or make
available any such written records,

(f) 35for or in connection with requiring any such written records
to be made available to members of local authorities or to
overview and scrutiny committees or sub-committees,

(g) for or in connection with requiring documents connected
with decisions to which any such written records relate to be
40made available to members of local authorities or to
overview and scrutiny committees or sub-committees,

(h) for or in connection with requiring information to be made
available by electronic means,

(i) for or in connection with conferring rights on members of the
45public or members of local authorities, overview and scrutiny
committees or sub-committees in relation to records or
documents,

(j) for or in connection with the creation of offences in respect of
any rights or requirements conferred or imposed by virtue of
50this section or section 9G.

(5) The Secretary of State may by regulations make provision for or in
connection with requiring prescribed information about prescribed
decisions made in connection with the discharge of functions which
are the responsibility of a local authority executive to be made
5available to members of the public or members of the authority.

(6) The provision which may be made under subsection (5) includes
provision—

(a) requiring prescribed information to be made available in
advance of the prescribed decisions mentioned in that
10subsection,

(b) as to the way or form in which prescribed information is to be
made available.

(7) The Secretary of State may by regulations make provision which, in
relation to meetings of—

(a) 15local authority executives or committees of such executives,
or

(b) joint committees, or sub-committees of such committees,
falling within subsection (3)(a),

applies or reproduces (with or without modifications) any
20provisions of Part 5A of the Local Government Act 1972.

(8) The Secretary of State may by regulations make provision, in relation
to—

(a) the publication by executives of local authorities under
section 9FE, or under any provision of regulations under
25section 9FH which applies or reproduces (with or without
modifications) any provision of section 9FE, of responses to
reports or recommendations of overview and scrutiny
committees and sub-committees of such committees, or

(b) the provision by such executives under that section of copies
30of such responses,

which applies or reproduces (with or without modifications) any
provisions of section 9FG (confidential and exempt information).

(9) In this section—

• “joint committee” means a joint committee falling within
  35section 101(5)(a) of the Local Government Act 1972,

• “prescribed” means prescribed by regulations made by the
  Secretary of State.

9GB Further provision

Schedule A1 (which makes further provision in relation to executive
40arrangements under this Part) has effect.

9GC Absence of requirement for political balance

Neither—

(a) a local authority executive, nor

(b) a committee of a local authority executive,

45is to be regarded as a body to which section 15 of the Local
Government and Housing Act 1989 (duty to allocate seats to political
groups) applies.