Cities and Local Government Devolution Bill (HL Bill 1)

Cities and Local Government Devolution BillPage 20

Police and crime panels

4 The Secretary of State must by order provide for a panel to be
established in relation to the combined authority area with
functions, in relation to the exercise by the mayor of PCC
5functions, corresponding to those of a police and crime panel
under sections 28 and 29 of the 2011 Act.

Financial matters

5 The Secretary of State must by order make provision—

(a) requiring the mayor to maintain a fund in relation to
10receipts arising, and liabilities incurred, in the exercise of
PCC functions;

(b) about the preparation of an annual budget in relation to
the exercise of such functions.

Suspension

6 15The Secretary of State must by order provide for the panel
mentioned in paragraph 4 to have power to suspend the mayor, so
far as acting in the exercise of PCC functions, in circumstances
corresponding to those mentioned in section 30(1) of the 2011 Act
in relation to a police and crime commissioner.

20Conduct

7 The Secretary of State must by order make provision about the
matters mentioned in paragraphs (a) to (c) of section 31 of the 2011
Act (taking references in those paragraphs to “relevant office
holders” as references to the mayor in the exercise of PCC
25functions and the deputy PCC mayor).

Disqualification

8 (1) The Secretary of State must by order provide for sections 64 to 68
of the 2011 Act to apply in relation to a person being, or being
elected as, the mayor as they apply in relation to a person being,
30or being elected as, a police and crime commissioner.

(2) Provision under sub-paragraph (1) is in addition to paragraphs 7
and 8 of Schedule 5B.

Policing protocol

9 The Secretary of State must by order require the mayor to have
35regard, in the exercise of PCC functions, to the policing protocol
issued under section 79 of the 2011 Act.

Application of certain enactments

10 (1) The Secretary of State must by order provide for the following
provisions of the Police Act 1996 to apply to the mayor, in the
40exercise of PCC functions, as though the mayor were a police and
crime commissioner—

Cities and Local Government Devolution BillPage 21

(a) sections 24(4) and 98(6) (aid of one police force by another);

(b) sections 23A to 23H (collaboration agreements);

(c) sections 40 to 40B (powers to give directions);

(d) sections 54 and 55 (appointment and functions of Her
5Majesty’s Inspectors of Constabulary);

(e) section 96A(2) (national and international functions).

(2) The Secretary of State must by order provide for provision similar
to section 41 of the Police Act 1996 (directions as to minimum
budget) to have effect for the purpose of enabling directions to be
10given to the mayoral combined authority.

Supplementary

11 (1) Subject to the requirements of this Schedule, the Secretary of State
may by order make any other provision the Secretary of State
thinks appropriate for the purposes of giving full effect to an order
15under section 107E.

(2) Sub-paragraphs (3) to (5) apply in relation to an order under—

(a) this paragraph,

(b) another paragraph of this Schedule, or

(c) section 107E.

(3) 20The order may include provision—

(a) that is similar to any police and crime commissioner
enactment, or

(b) for a purpose corresponding to a purpose for which any
such enactment is made.

(4) 25The order may provide for the mayor to be treated as a police and
crime commissioner for the purposes of any police and crime
commissioner enactment.

(5) The order may amend, apply (with or without modifications),
disapply, repeal or revoke any police and crime commissioner
30enactment.

(6) “Police and crime commissioner enactment” means—

(a) any enactment that is contained in, or is made under, Part
1 of the 2011 Act, and

(b) any other enactment that has effect in relation to police and
35crime commissioners.

(7) In sub-paragraph (6) “enactment” includes an enactment
whenever passed or made.

(8) Power to make an order under this paragraph is in addition to
(and does not limit) the power to make an order under section 114.

(9) 40An order under this Schedule may relate to—

(a) a particular mayor in respect of whom an order under
section 107E(1) has effect, or

(b) all mayors in respect of whom any such order has effect.”

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Section 7

SCHEDULE 3 Overview and scrutiny committees

This is the Schedule to be inserted as Schedule 5A to the Local Democracy,
Economic Development and Construction Act 2009—

“Schedule 5A 5Combined authorities: overview and scrutiny committees

Functions of overview and scrutiny committee

1 (1) A combined authority must arrange for the appointment by the
authority of one or more committees of the authority (referred to
in this Schedule as overview and scrutiny committees).

(2) 10The arrangements must ensure that the combined authority’s
overview and scrutiny committee has power (or its overview and
scrutiny committees have power between them)—

(a) to review or scrutinise decisions made, or other action
taken, in connection with the discharge of any functions
15which are the responsibility of the authority;

(b) to make reports or recommendations to the authority with
respect to the discharge of any functions that are the
responsibility of the authority;

(c) to make reports or recommendations to the authority on
20matters that affect the authority’s area or the inhabitants of
the area.

(3) If the combined authority is a mayoral combined authority, the
arrangements must also ensure that the combined authority’s
overview and scrutiny committee has power (or its overview and
25scrutiny committees have power between them)—

(a) to review or scrutinise decisions made, or other action
taken, in connection with the discharge by the mayor of
any general functions;

(b) to make reports or recommendations to the mayor with
30respect to the discharge of any general functions;

(c) to make reports or recommendations to the mayor on
matters that affect the authority’s area or the inhabitants of
the area.

(4) The power of an overview and scrutiny committee under sub-
35paragraph (2)(a) and (3)(a) to review or scrutinise a decision made
but not implemented includes power to recommend that the
decision be reconsidered.

(5) An overview and scrutiny committee of a combined authority
may not discharge any functions other than the functions
40conferred by or under this Schedule.

(6) Any reference in this Schedule to the discharge of any functions
includes a reference to the doing of anything which is calculated
to facilitate, or is conducive or incidental to, the discharge of those
functions.

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Overview and scrutiny committees: supplementary provision

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

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

(b) may arrange for the discharge of any of its functions by any
5such sub-committee.

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

(3) An overview and scrutiny committee of a combined authority
10may not include a member of the authority (including, in the case
of a mayoral combined authority, the mayor for the authority’s
area or deputy mayor).

(4) An overview and scrutiny committee of a combined authority is to
be treated—

(a) 15as a committee or sub-committee of a principal council for
the purposes 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
20Housing Act 1989 (duty to allocate seats to political
groups) applies.

(5) Subsections (2) to (5) of section 102 of the Local Government Act
1972 apply to an overview and scrutiny committee of a combined
authority as they apply to a committee appointed under that
25section.

(6) An overview and scrutiny committee of a combined authority—

(a) may require the members or officers of the authority to
attend before it to answer questions (including, in the case
of a mayoral combined authority, the mayor for the
30authority’s area and deputy mayor), and

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

(7) A person on whom a requirement is imposed under sub-
paragraph (6)(a) is required to comply with the requirement.

(8) 35A person is not obliged by sub-paragraph (6) 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.

(9) In exercising, or deciding whether to exercise, any of its functions
40an overview and scrutiny committee of a combined authority
must have regard to any guidance for the time being issued by the
Secretary of State.

(10) Guidance under sub-paragraph (9) may make different provision
for different cases or for different descriptions of committee.

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(11) In sub-paragraphs (3) to (9) references to an overview and scrutiny
committee of a combined authority include references to any sub-
committee of such a committee.

Power to make further provision about overview and scrutiny committees

3 (1) 5The Secretary of State may by order make further provision about
overview and scrutiny committees of a combined authority.

(2) Provision under sub-paragraph (1) may in particular include
provision—

(a) about the membership of an overview and scrutiny
10committee and the voting rights of such members;

(b) about the person who is to be chair of such a committee;

(c) for the appointment of a person to act as a scrutiny officer
of an overview and scrutiny committee;

(d) about how and by whom matters may be referred to an
15overview and scrutiny committee;

(e) requiring persons (whether members of the authority or
other persons) to respond to reports or recommendations
made by an overview and scrutiny committee;

(f) about the publication of reports, recommendations or
20responses;

(g) about information which must, or must not, be disclosed to
an overview and scrutiny committee (whether by
members of the authority or by other persons).

(3) Provision under sub-paragraph (2)(a) may include provision for
25members of a combined authority’s constituent councils to be
members of its overview and scrutiny committee; and for this
purpose “constituent council” means—

(a) a county council the whole or any part of whose area is
within the area of the combined authority, or

(b) 30a district council whose area is within the area of the
combined authority.

(4) In sub-paragraph (2)(c) the reference to a “scrutiny officer” of an
overview and scrutiny committee is a reference to a person
appointed with the function of—

(a) 35promoting the role of the committee, and

(b) providing support and guidance—

(i) to the committee and its members, and

(ii) to members of the combined authority (so far as
relating to the functions of the committee).

(5) 40Provision under sub-paragraph (2)(f) may include provision for
descriptions of confidential or exempt information to be excluded
from the publication of reports, recommendations or responses.

(6) In this paragraph references to an overview and scrutiny
committee include references to any sub-committee of such a
45committee.”

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Section 4

SCHEDULE 4 Minor and consequential amendments

Local Government Finance Act 1988

1 In section 143 of the Local Government Finance Act 1988 (orders and
5regulations), after subsection (4A) insert—

(4B) The power to make regulations under section 74 above, so far as they
are made in relation to a combined authority by virtue of subsection
(8) of that section, shall be exercisable by statutory instrument, and
no such regulations shall be made unless a draft of them has been
10laid before and approved by a resolution of each House of
Parliament.”

Local Democracy, Economic Development and Construction Act 2009

2 The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.

3 15In section 104 (constitution and functions: transport), after subsection (2)
insert—

(2A) But in relation to a mayoral combined authority, section 85(4) of that
Act is not to be taken as preventing the mayor from being a voting
member of the authority.”

4 20In section 106 (changes to boundaries of combined authority’s area), in
subsection (2)—

(a) omit “and” at the end of paragraph (a);

(b) in paragraph (b), after “order” insert , and

(c) in the case of an order made in respect of a mayoral
25combined authority, the mayor for the area of the
authority also consents to the making of the order.”

5 (1) Section 107 (dissolution of combined authority’s area) is amended as
follows.

(2) In subsection (2)—

(a) 30for “only if a majority” substitute only if—

(a) a majority”;

(b) after “the order” insert , and

(b) in the case of an order made in respect of a mayoral
combined authority, the mayor for the area of the
35authority also consents to the making of the order.”

(3) After subsection (4) insert—

(4A) The order—

(a) may transfer functions from the combined authority to any
other public authority;

(b) 40may provide for any function of the combined authority to no
longer be exercisable in relation to the combined authority’s
area.”

6 In section 113A (general power of EPB or combined authority), after

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subsection (3) insert—

(4) This section does not apply in relation to a combined authority in
respect of which an order under section 113D has effect.”

7 (1) Section 117 (orders) is amended as follows.

(2) 5After subsection (1) insert—

(1A) An order under this Part may make different provision for different
authorities or descriptions of authority or otherwise for different
purposes.”

(3) In subsection (2A)—

(a) 10omit “or” at the end of paragraph (b);

(b) at the end of paragraph (c) insert , or

(d) an order under Schedule 5A.”

8 (1) In section 120 (interpretation)—

(a) after the definition of “combined authority” insert—

  • 15““deputy mayor” has the meaning given by section
    107C(7);

  • “general functions” has the meaning given by section
    107D(2);”;

(b) after the definition of “local government area” insert—

  • 20““mayor”, in relation to the area of a combined
    authority, means the mayor for the area of the
    authority by virtue of an order under section 107A(1);

  • “mayoral combined authority” has the meaning given
    by section 107A(8);

  • 25“PCC functions” has the meaning given by section
    107E(3);”.