29

House of Commons

Tuesday 1 February 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Localism Bill

---

Note

The Amendments have been arranged in accordance with the Order of the

Committee [25 January].

Barbara Keeley

Alison Seabeck

Jack Dromey

26

Clause  1,  page  1,  line  6,  at end insert ‘(“the power of general competence”.)’.

Barbara Keeley

Alison Seabeck

Jack Dromey

27

Clause  5,  page  4,  line  4,  leave out ‘may by order’ and insert ‘must report to

Parliament on how that provision impacts on the exercise of the general power and how

the Secretary of State proposes to address this by presenting a Bill to Parliament to’.

Barbara Keeley

Alison Seabeck

Jack Dromey

28

Clause  5,  page  4,  line  7,  leave out from ‘then’ to ‘amend’ and insert ‘the Secretary

of State must report to Parliament on how that power overlaps with the general power and

how he or she proposes to address this by presenting a Bill to Parliament to’.

Public Bill Committee: 1 February 2011

30

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

29

Clause  5,  page  4,  line  10,  leave out subsections (3) to (7).

Barbara Keeley

Alison Seabeck

Jack Dromey

30

Page  4,  line  29,  leave out Clause 6.

Barbara Keeley

Alison Seabeck

Jack Dromey

31

Clause  8,  page  7,  line  39,  leave out ‘may by order’ and insert ‘must report to

Parliament on how that provision impacts on the exercise of the power conferred by

section 5A(1), and how the Secretary of State proposes to address this by presenting a Bill

to Parliament to’.

Barbara Keeley

Alison Seabeck

Jack Dromey

32

Clause  8,  page  7,  line  42,  leave out from ‘then’ to ‘amend’ and insert ‘the Secretary

of State must report to Parliament on how that power impacts on the exercise of the power

conferred by section 5A(1), and how he or she proposes to address this by presenting a

Bill to Parliament to’.

Barbara Keeley

Alison Seabeck

Jack Dromey

33

Clause  8,  page  7,  line  46,  leave out from beginning to end of line 16 on page 8.

Barbara Keeley

Alison Seabeck

Jack Dromey

34

Clause  8,  page  8,  line  19,  leave out from beginning to end of Clause.

Public Bill Committee: 1 February 2011

31

Localism Bill, continued

Barbara Keeley

Alison Seabeck

Jack Dromey

35

Schedule  2,  page  173,  leave out line 2.

Barbara Keeley

Alison Seabeck

Jack Dromey

36

Schedule  2,  page  173,  leave out lines 22 to 24.

Barbara Keeley

Alison Seabeck

Jack Dromey

37

Schedule  2,  page  173,  leave out lines 27 to 29 and insert—

‘(1)	The Secretary of State must report to Parliament and present a Bill to make

provision prescribing a new form of governance for any local authority which has

made proposals for new arrangements under subsection (5).’.

Barbara Keeley

Alison Seabeck

Jack Dromey

38

Schedule  2,  page  173,  leave out lines 30 to 40.

Barbara Keeley

Alison Seabeck

Jack Dromey

39

Schedule  2,  page  173,  leave out lines 41 to 44 and insert—

‘(5)	A local authority may propose to the Secretary of State that he or she makes

provision through legislation for a new form of governance arrangements to apply

to that authority if the authority thinks that the conditions in subsection (6) are

met.’.

Barbara Keeley

Alison Seabeck

Jack Dromey

40

Schedule  2,  page  180,  line  27,  leave out from beginning to end of line 22 on page

191 and insert—

‘9F	Overview and scrutiny: functions and definitions

(1)	Governance arrangements of a local authority (whether under executive

arrangements, the committee system or prescribed arrangements) must include

the operation of an overview and scrutiny function (referred to in this Chapter as

the scrutiny function) which must be operated by way of the appointment by the

authority of one or more committees of the authority (referred to in this Chapter

as overview and scrutiny committees).

(1A)	The role and structure of the scrutiny function, and the overview and scrutiny

committees, should be set out in the authority’s constitution.

Public Bill Committee: 1 February 2011

32

Localism Bill, continued

(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)—

(a)	to review or scrutinise decisions made, or other action taken, in

connection with the delivery of public services in the local area by the

authority or another designated person,

(b)	to make reports and recommendations to bodies delivering public

services in the locality on matters which affect the authority’s area or the

inhabitants of that area,

(c)	to review or scrutinise decisions made but not implemented by the

authority (call-in).

(3)	In this Chapter, “joint overview and scrutiny committee”, in relation to a local

authority (“the authority concerned”), means—

(a)	an overview and scrutiny committee of another local authority exercising

relevant functions (within the meaning given by subsection (1)) of the

authority concerned, or

(b)	a joint overview and scrutiny committee of two or more authorities

exercising such functions.

(4)	The power of an overview and scrutiny committee under subsection (2)(c) to

review or scrutinise a decision made but not implemented by the authority (call-

in) 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)(c), so far as it relates to

the decision, to be exercised by the authority.

(5)	For the purposes of this Chapter, a “designated person” is a person or organisation

that commissions or provides services, goods or facilities to the public within

their local authority area. This includes, but is not limited to—

(a)	a relevant commissioner or provider of NHS services or social care

services, subject to section 9FC,

(b)	a responsible authority under the Crime and Disorder Act 1998,

(c)	a water authority or waste water authority,

(d)	an integrated transport authority under the Transport Act 2008; a

company providing local bus services or a Train Operating Company

under the Railways Act 1993,

(e)	JobCentre Plus,

(f)	a flood risk management authority or emergency planning authority,

(g)	the Environment Agency,

(h)	the Homes and Communities Agency,

(i)	Highways Agency,

(j)	a county council, in an area where the authority exercising its powers

under this section is a shire district,

(k)	a shire district, in an area where the authority exercising its powers under

this section is a county council.

(6)	In London, the relationship between London Boroughs and designated persons

who are directly accountable to the London Assembly should be subject to the

agreement of procedures between those organisations.

9FA	Overview and scrutiny committees: supplementary provisions

(1)	An overview and scrutiny committee of a local authority:

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

Public Bill Committee: 1 February 2011

33

Localism Bill, continued

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

committee.

(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)	A reference in this Act to an “overview and scrutiny committee” will include

reference to a sub-committee established under subsection (1) and to a joint

committee established under section 9F(3).

(4)	An overview and scrutiny committee of a local authority may not include any

member of the authority’s executive (under executive arrangements), the chair of

a decision-making service committee (under the committee system) or any

equivalent decision-making person or persons under executive arrangements.

(5)	An overview and scrutiny committee of a local authority may include persons

who are not members of the authority (co-optees).

(6)	Any person co-opted under subsection (5) will not be entitled to vote at any

meeting of that committee, unless the Council’s constitution makes provision for

such persons (either individuals or as a class of person) to vote.

(7)	Section 499 of the Education Act 1996 is repealed.

(8)	An overview and scrutiny committee of a local authority 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 (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.

(9)	Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply

to an overview and scrutiny committee of a local authority as they apply to a

committee appointed under that section.

9FB	Overview and scrutiny committees: powers

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

(a)	may require members of the executive (under executive arrangements),

the chair of a relevant committee (under the committee system), officers

of the authority or designated persons, as defined by section 9F(5) to—

(i)	attend before it to answer questions, subject to section 9FC and

9FD,

(ii)	provide information to it that relates to the functions of the

committee, subject to section 9FC and 9FE,

(iii)

have regard to any reports or recommendations that the

committee produces that relate to the functions of the committee,

subject to section 9FC and 9FF,

(b)	may require any other member of the authority to attend before 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.

(2)	It is the duty of any member, officer or person mentioned in paragraph (a) or (b)

of subsection (1) to comply with any requirement mentioned in that paragraph,

subject to sections 9FF (2) and (3).

9FC	Overview and scrutiny committees: powers in relation to substantial changes

to local NHS services

(1)	Where an overview and scrutiny committee proposes to use its powers under

section 9FB(1) in relation to a relevant NHS body or NHS provider—

Public Bill Committee: 1 February 2011

34

Localism Bill, continued

(a)	it should have regard to any joint arrangements put in place under

subsections (2) and (3); and

(b)	it should have regard to any formal consultation arrangements put in

place under those subsections.

(2)	When a relevant NHS body or NHS provider proposes a substantial change to the

commissioning or provision of health services (referred to in this section as a

“substantial change”) that will affect the authority’s or authorities’ area, or the

area’s inhabitants, it must consult the overview and scrutiny committee of that

authority or authorities.

(3)	Where a substantial change under subsection (2) affects more than one principal

authority, or where it affects the services provided by a shire district in an area for

which there is also a county council, the scrutiny functions of those authorities

must either:

(a)	establish a joint committee to consider the proposal, or

(b)	put in place another joint working arrangement which allows all those

authorities affected by the proposal to input into the response to the

consultation.

(4)	Where a committee or joint committee uses its powers under section 9FB(1) to

scrutinise an NHS body or NHS provider, apart from subsections (1),(2) and (3)

above, that organisation or person will be under the same obligation to attend

meetings, provide information and respond to recommendations as any other

designated person, subject to subsection (5).

(5)	Where information or attendance at an overview and scrutiny committee is

requested in connection to a substantial change, the relevant NHS body or NHS

provider must satisfy that request in a manner that ensures that the overview and

scrutiny committee has an opportunity to substantively contribute to the

consultation.

(6)	A relevant NHS body or NHS provider is required to provide a formal response

to those it has consulted on a substantial change, including to any relevant

overview and scrutiny committee. This response must set out—

(a)	the action that the NHS body or NHS provider proposes to take with

regard to the substantial change,

(b)	the reasons for that decision,

(c)	any other information which the NHS body or NHS provider feels is

relevant, and

(d)	any other information which the NHS body or NHS provider has agreed

with any relevant overview and scrutiny committee shall be provided.

(7)	If an overview and scrutiny committee or joint overview and scrutiny

committee—

(a)	is dissatisfied with the process of the consultation on the substantial

change,

(b)	is dissatisfied with the response provided by the NHS body or NHS

provider to the consultation,

(c)	is dissatisfied with the reasons given supporting that response, or

(d)	is not satisfied that the substantial change is not in the interest of the

inhabitants of the area,

it may—

(e)	if it is not a joint committee, recommend that full Council refer the matter

to the Secretary of State for Health for a direction, and

(f)	if it is a joint committee, refer the matter to the Secretary of State for

Health for a direction.

(8)	For the purposes of this section—

Public Bill Committee: 1 February 2011

35

Localism Bill, continued

(a)	“relevant NHS body” means an NHS body other than a Special Health

Authority which is prescribed for those purposes in relation to the

authority; and

(b)	“relevant NHS provider” means a body or person which provides

services under the Health and Social Care Act 2011 in pursuance of

arrangements made by the Board or a commissioning consortium and is

prescribed, or is of a description prescribed, for those purposes in relation

to the authority.

9FD	Overview and scrutiny: duty to attend meetings

(1)	This section applies where an overview and scrutiny committee of a local

authority proposes to use its powers under 9FB(1)(a)(i) to require a person to

attend a committee meeting.

(2)	When a request is sent to a designated person to attend a meeting of an overview

and scrutiny committee, other than in accordance with section 9FC, that request

must—

(a)	give reasonable notice of the meeting, considering subject matter and

urgency,

(b)	make clear the purpose for which the designated person is being

requested to attend, and

(c)	be proportionate and reasonable,

unless the scrutiny function of the local authority and the relevant public body

have agreed to waive or alter any of these requirements.

(3)	Subsection (2) shall not apply when an overview and scrutiny committee

proposes to use its powers under 9FB(1)(a)(i) to require an officer or member of

the authority to attend the meeting.

9FE	Overview and scrutiny: duty to provide information

(1)	When a request is sent to a designated person to provide information to a scrutiny

function, that request must—

(a)	specify the format in which the information is to be provided,

(b)	make clear the purpose for which the designated person is being

requested to provide information, and

(c)	be proportionate and reasonable.

(2)	Subsections (1)(b) and (1)(c) will not apply where a request is sent to an officer

or member of the council to provide information.

9FF	Overview and scrutiny: reports and recommendations

(1)	An overview and scrutiny committee may publish reports and recommendations.

(2)	Subject to subsection (3), the overview and scrutiny committee must by notice in

writing require—

(a)	the authority,

(b)	the executive (under executive arrangements),

(c)	a relevant committee of the council (under the committee system), or

(d)	a designated person,

to accept or reject the recommendation, and in doing so to—

(e)	consider, and have regard to, the report or recommendations,

(f)	respond to the overview and scrutiny committee within two months,

advising what (if any) action that body or person proposed to take,

(g)	provide reasons for the decision if the body or person proposes not to take

any action, or

© Parliamentary copyright	Revised 1 February 2011