Localism Bill (HL Bill 90)

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(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

Localism BillPage 211

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

Localism BillPage 212

(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,

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(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,

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(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.

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(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.

Localism BillPage 216

(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

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(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.

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(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

Localism BillPage 219

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 220

  • “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—

Localism BillPage 221

(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.

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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—

Localism BillPage 223

(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).

Localism BillPage 224

(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.

Localism BillPage 225

(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.

Localism BillPage 226

(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.

Localism BillPage 227

Elected mayors etc
9H Elected mayors etc

(1) In this Part “elected mayor”, in relation to a local authority, means an
individual elected as mayor of the authority by the local government
5electors for the authority’s area in accordance with the provisions
made by or under this Part.

(2) An elected mayor is to be entitled to the style of “mayor”.

(3) A reference in any enactment (whenever passed or made) to—

(a) a member of a local authority, or

(b) 10a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(4) But subsection (3) is subject to—

(a) regulations made by the Secretary of State under this
paragraph which provide that an elected mayor is to be
15treated as a member or councillor of a local authority for the
purposes of an enactment (whenever passed or made), and

(b) any other contrary intention that appears in any enactment
(whenever passed or made).

(5) Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local
20Government Act 1972 are not to be taken to indicate any contrary
intention for the purposes of subsection (4)(b).

(6) Elections for the return of an elected mayor are to take place on the
ordinary day of election in each of the relevant election years.

(7) The term of office of an elected mayor of a local authority is to be four
25years.

(8) This section is subject to regulations under section 9HD or 9HG.

9HA Power to transfer functions relating to public services to elected
mayors