Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

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
186

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)
This section applies where—
5
(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
and disorder matters), or
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(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)
is specified in a local area agreement of the authority.
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(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)
A notice under subsection (2) must be accompanied by a copy of the
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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)
Subsection (2) does not apply if—
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(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
executive).
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(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)
Subsections (2) and (3) are subject to section 9FG (confidential and
35
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,
the local authority by which it is established, and
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(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
executive of the authority,
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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
187

“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),
“relevant committee” means—
5
(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
council, or
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(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,
means any person who is a partner authority in relation to the
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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
authority are to be construed in accordance with section 105(3) of the
20
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)
the publication under section 9FE of any document
25
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
recommendations, and
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(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,

by an overview and scrutiny committee or a local authority.
35
(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)
may exclude any relevant exempt information.
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(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)
Where information is excluded under subsection (2) or (3), the
45
overview and scrutiny committee or the local authority, in
publishing, or providing a copy of, the document—

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
188

(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,
the document published, or copy provided, would be
5
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)
excludes information, or
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(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
provided a copy of the report or recommendations.
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(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
specified in a resolution of the overview and scrutiny
20
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
were, considered, and
25
(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
response was, or recommendations were, considered.
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(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),
“exempt information” has the meaning given by section 100I of
35
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)
any response to such a report or recommendations,
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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
meaning of section 9FF, has the same meaning as in that
45
section.
(9)
In this section, references to an overview and scrutiny committee
include references to a sub-committee of such a 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
189

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)
is a partner authority in relation to a county council (“the
5
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
scrutiny committees, power to make reports and recommendations
10
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)
Regulations under subsection (2) may make provision applying or
15
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,
means—
20
(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)
“local area agreement”, “local improvement target” and
25
“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
determining whether a local improvement target relates to a
30
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)
The arrangements required under section 9F(2) include
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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)
A risk management authority must comply with a request made by
40
an overview and scrutiny committee, in the course of arrangements
under subsection (2), for—
(a)
information;
(b)
a response to a report.
(4)
The Secretary of State may make regulations about the duty under
45
subsection (3) which may, in particular, include provision—

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
190

(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)
requiring persons to attend to give information orally,
5
(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
recommendations of an overview and scrutiny committee in the
10
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
committees.
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(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)
The Secretary of State may by regulations make provision, in relation
20
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
partner authority to the relevant committee.
25
(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
(guidance and regulations regarding crime and disorder
30
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
“relevant partner authority” have the meanings given by section 9FF.
35
(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)
as to information which may not be disclosed by an
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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
of the power conferred by section 20(5)(c) or (d) of the Police and
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Justice Act 2006 (guidance and regulations regarding crime and
disorder matters).

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
191

(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
(“the district council”), or
5
(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
authority in relation to the district council, or
10
(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
“partner authority” have the same meanings as in Chapter 1 of Part
15
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
or committee.
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(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)
Meetings of a local authority executive, or a committee of such an
25
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
which of those meetings are to be held in private.
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(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
individual members of local authority executives.
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(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
Meetings and access to information etc: further provision and
40
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
accordance with regulations made by the Secretary of State.
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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
192

(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)
The Secretary of State may by regulations make provision—
5
(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
(including provision enabling such meetings to be held in
10
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)
for or in connection with requiring written records falling
15
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
with decisions to which any such written records relate to be
20
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,
must be open to the public,
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(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
written records kept by virtue of this section or section 9G,
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(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)
for or in connection with requiring any such written records
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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
made available to members of local authorities or to
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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
public or members of local authorities, overview and scrutiny
45
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
this section or section 9G.
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