|
| |
|
(b) | by a relevant executive (other than an executive of the local |
| |
authority) or a committee or specified member of such an |
| |
| |
(2) | The Secretary of State may by regulations make provision for or in |
| |
connection with enabling a relevant authority in England to arrange |
| 5 |
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 |
| |
in England, in a case where the authority is operating executive |
| 10 |
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 |
| |
| |
(a) | requiring, in the case of arrangements for the discharge of |
| 15 |
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 |
| |
functions by a relevant authority, enables any of those |
| 20 |
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 |
| |
| 25 |
(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 |
| |
or reproduce (with or without modifications) any provisions of |
| 30 |
| |
| |
“relevant authority” means a local authority within the |
| |
meaning of section 101 of the Local Government Act 1972; |
| |
“relevant executive” means an executive of a local authority |
| 35 |
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 |
| |
connection with permitting arrangements under section 101(5) of the |
| 40 |
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 |
| |
| 45 |
(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— |
| |
| |
(ii) | the executive or a committee or specified member of |
| |
| |
| are both to be parties to the arrangements, |
| 5 |
(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 |
| |
instead to be exercised by the executive or a committee or |
| 10 |
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 |
| |
exercised by the authority, |
| 15 |
(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) | as to the persons (including officers of the authority) who |
| 20 |
may be appointed to any such joint committee by the |
| |
executive or a committee or specified member of the |
| |
| |
(3) | In this section “specified” means specified in regulations under this |
| |
| 25 |
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 |
| |
the authority (referred to in this Chapter as overview and scrutiny |
| 30 |
| |
(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 |
| |
committees, have power between them)— |
| 35 |
(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 |
| |
executive with respect to the discharge of any functions |
| 40 |
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) | to make reports or recommendations to the authority or the |
| 45 |
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 |
| |
committees, of an authority to which section 244 of the |
| 5 |
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 |
| |
as extended by that section) in the authority’s area, |
| 10 |
| |
(ii) | to make reports and recommendations on such |
| |
matters in accordance with the regulations. |
| |
(3) | In subsection (2), “joint overview and scrutiny committee”, in |
| |
relation to a local authority (“the authority concerned”), means— |
| 15 |
(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) | an overview and scrutiny committee of another local |
| 20 |
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) | a joint overview and scrutiny committee within the meaning |
| 25 |
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) | The power of an overview and scrutiny committee under subsection |
| 30 |
(2)(a) to review or scrutinise a decision made but not implemented |
| |
| |
(a) | to recommend that the decision be reconsidered by the |
| |
| |
(b) | to arrange for its function under subsection (2)(a), so far as it |
| 35 |
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) | its functions under section 19 of the Police and Justice Act |
| 40 |
2006 (local authority scrutiny of crime and disorder matters), |
| |
| |
(c) | any functions which may be conferred on it by virtue of |
| |
regulations under section 9FH. |
| |
9FA | Overview and scrutiny committees: supplementary provision |
| 45 |
(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 |
| |
| |
|
| |
|
| |
|
(2) | A sub-committee of an overview and scrutiny committee may not |
| |
discharge any functions other than those conferred on it under |
| |
| |
(3) | An overview and scrutiny committee of a local authority, or a sub- |
| |
committee of such a committee, may not include any member of the |
| 5 |
| |
(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) | Subject to any provision made by or under paragraphs 6 to 8 of |
| 10 |
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 |
| |
question which falls to be decided at that meeting, unless permitted |
| 15 |
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 |
| |
purposes of Part 5A of the Local Government Act 1972 |
| 20 |
(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) |
| |
| 25 |
(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) | An overview and scrutiny committee of a local authority or a sub- |
| 30 |
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 |
| |
before it to answer questions relating to any function which |
| 35 |
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), |
| |
| |
(c) | may invite other persons to attend meetings of the |
| 40 |
| |
(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 |
| |
| |
(10) | A person is not obliged by subsection (9) to answer any question |
| 45 |
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) | Guidance under subsection (11) may make different provision for |
| 5 |
different cases or for different descriptions of committee or sub- |
| |
| |
| |
(1) | Subject as follows, a local authority must designate one of its officers |
| |
to discharge the functions in subsection (2). |
| 10 |
| |
(a) | to promote the role of the authority’s overview and scrutiny |
| |
| |
(b) | to provide support to the authority’s overview and scrutiny |
| |
committee or committees and the members of that committee |
| 15 |
| |
(c) | to provide support and guidance to— |
| |
(i) | members of the authority, |
| |
(ii) | members of the executive of the authority, and |
| |
(iii) | officers of the authority, |
| 20 |
| 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) | A local authority may not designate any of the following under this |
| 25 |
| |
(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 |
| |
| 30 |
(c) | the authority’s chief finance officer, within the meaning of |
| |
| |
(5) | The duty in subsection (1) does not apply to a district council for an |
| |
area for which there is a county council. |
| |
(6) | In this section, references to an overview and scrutiny committee |
| 35 |
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 |
| |
| |
(a) | enables any member of an overview and scrutiny committee |
| 40 |
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 |
| |
the functions of the sub-committee, and |
| 45 |
|
| |
|
| |
|
(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) | For the purposes of subsection (1), provision enables a person to refer |
| 5 |
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 |
| |
authority has by virtue of subsection (1)(c) in any case, the member |
| 10 |
must have regard to any guidance for the time being issued by the |
| |
| |
(4) | Guidance under subsection (3) may make different provision for |
| |
| |
(5) | In this section “local government matter”, in relation to a member of |
| 15 |
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) | is not an excluded matter. |
| 20 |
(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) | a matter of any description specified in an order made by the |
| 25 |
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 |
| |
authority in accordance with provision made pursuant to section |
| 30 |
| |
(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 |
| |
| |
(a) | any powers which the member may exercise in relation to the |
| 35 |
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 |
| |
be appropriate for the committee to exercise any of its powers |
| 40 |
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— |
| |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| 5 |
(6) | In this section “local government matter” has the same meaning as in |
| |
| |
9FE | Duty of authority or executive to respond to overview and scrutiny |
| |
| |
(1) | This section applies where an overview and scrutiny committee of a |
| 10 |
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 |
| |
| 15 |
(b) | by virtue of subsection (3)(a) of that section. |
| |
(2) | The overview and scrutiny committee may publish the report or |
| |
| |
(3) | The overview and scrutiny committee must by notice in writing |
| |
require the authority or executive— |
| 20 |
(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, |
| |
| |
(c) | if the overview and scrutiny committee has published the |
| 25 |
report or recommendations under subsection (2), to publish |
| |
| |
(d) | if the overview and scrutiny committee provided a copy of |
| |
the report or recommendations to a member of the authority |
| |
under section 9FD(4), to provide the member with a copy of |
| 30 |
| |
(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 |
| |
recommendations or (if later) the notice. |
| 35 |
(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 |
| |
| |
(6) | Subsections (2) and (5) are subject to section 9FG and to any |
| |
provision made under section 9GA(8) (confidential and exempt |
| 40 |
| |
| |
(a) | references to an overview and scrutiny committee include |
| |
references to a sub-committee of such a committee; |
| |
(b) | references to “the authority” or “the executive”, in relation to |
| 45 |
an overview and scrutiny committee, or a sub-committee of |
| |
such a committee, are to the authority by which the overview |
| |
|
| |
|