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Session 2010 - 11
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Localism Bill


Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

179

 

(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

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

provision—

(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

delegated.

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

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;

“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

particular, provision—

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,

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

180

 

(b)   

as to the circumstances in which—

(i)   

the authority, and

(ii)   

the executive or a committee or specified member of

the executive,

   

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

executive.

(3)   

In this section “specified” means specified in regulations under this

section.

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

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

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,

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

181

 

(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

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

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

includes power—

(a)   

to recommend that the decision be reconsidered by the

person who made it, or

(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),

or

(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

such sub-committee.

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

182

 

(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-

committee of such a committee, may not include any member of the

5

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)   

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)

applies.

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),

and

(c)   

may invite other persons to attend meetings of the

40

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)   

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.

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

183

 

(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-

committee.

9FB     

Scrutiny officers

(1)   

Subject as follows, a local authority must designate one of its officers

to discharge the functions in subsection (2).

10

(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

committee or committees and the members of that committee

15

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)   

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

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

of that Act;

30

(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)   

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

which—

(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

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

184

 

(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

Secretary of State.

(4)   

Guidance under subsection (3) may make different provision for

different cases.

(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

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)   

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—

(a)   

its decision, and

(b)   

the reasons for it.

45

 
 

Localism Bill
Schedule 2 — New arrangements with respect to governance of English local authorities
Part 1 — New Part 1A of the Local Government Act 2000

185

 

(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

information).

5

(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)   

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

disorder matters), or

15

(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

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,

proposes to take,

(c)   

if the overview and scrutiny committee has published the

25

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

under section 9FD(4), to provide the member with a copy of

30

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

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

the notice.

(6)   

Subsections (2) and (5) are subject to section 9FG and to any

provision made under section 9GA(8) (confidential and exempt

40

information).

(7)   

In this section—

(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

 
 

 
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