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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| Clause 1, page 1, line 6, at end insert ‘(“the power of general competence”.)’. |
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| Clause 5, page 4, line 4, leave out ‘may by order’ and insert ‘must report to |
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| Parliament on how that provision impacts on the exercise of the general power and how |
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| the Secretary of State proposes to address this by presenting a Bill to Parliament to’. |
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| Clause 5, page 4, line 7, leave out from ‘then’ to ‘amend’ and insert ‘the Secretary |
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| of State must report to Parliament on how that power overlaps with the general power and |
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| how he or she proposes to address this by presenting a Bill to Parliament to’. |
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| Clause 5, page 4, line 10, leave out subsections (3) to (7). |
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| Page 4, line 29, leave out Clause 6. |
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| Clause 8, page 7, line 39, leave out ‘may by order’ and insert ‘must report to |
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| Parliament on how that provision impacts on the exercise of the power conferred by |
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| section 5A(1), and how the Secretary of State proposes to address this by presenting a Bill |
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| Clause 8, page 7, line 42, leave out from ‘then’ to ‘amend’ and insert ‘the Secretary |
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| of State must report to Parliament on how that power impacts on the exercise of the power |
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| conferred by section 5A(1), and how he or she proposes to address this by presenting a |
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| Clause 8, page 7, line 46, leave out from beginning to end of line 16 on page 8. |
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| Clause 8, page 8, line 19, leave out from beginning to end of Clause. |
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| Schedule 2, page 173, leave out line 2. |
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| Schedule 2, page 173, leave out lines 22 to 24. |
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| Schedule 2, page 173, leave out lines 27 to 29 and insert— |
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| | ‘(1) | The Secretary of State must report to Parliament and present a Bill to make |
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| | provision prescribing a new form of governance for any local authority which has |
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| | made proposals for new arrangements under subsection (5).’. |
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| Schedule 2, page 173, leave out lines 30 to 40. |
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| Schedule 2, page 173, leave out lines 41 to 44 and insert— |
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| | ‘(5) | A local authority may propose to the Secretary of State that he or she makes |
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| | provision through legislation for a new form of governance arrangements to apply |
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| | to that authority if the authority thinks that the conditions in subsection (6) are |
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| Schedule 2, page 180, line 27, leave out from beginning to end of line 22 on page |
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| | ‘9F | Overview and scrutiny: functions and definitions |
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| | (1) | Governance arrangements of a local authority (whether under executive |
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| | arrangements, the committee system or prescribed arrangements) must include |
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| | the operation of an overview and scrutiny function (referred to in this Chapter as |
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| | the scrutiny function) which must be operated by way of the appointment by the |
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| | authority of one or more committees of the authority (referred to in this Chapter |
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| | as overview and scrutiny committees). |
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| | (1A) | The role and structure of the scrutiny function, and the overview and scrutiny |
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| | committees, should be set out in the authority’s constitution. |
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| | (2) | Executive arrangements by a local authority must ensure that its overview and |
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| | scrutiny committee has power (or its overview and scrutiny committees, and any |
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| | joint overview and scrutiny committees, have power between them)— |
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| | (a) | to review or scrutinise decisions made, or other action taken, in |
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| | connection with the delivery of public services in the local area by the |
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| | authority or another designated person, |
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| | (b) | to make reports and recommendations to bodies delivering public |
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| | services in the locality on matters which affect the authority’s area or the |
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| | inhabitants of that area, |
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| | (c) | to review or scrutinise decisions made but not implemented by the |
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| | (3) | In this Chapter, “joint overview and scrutiny committee”, in relation to a local |
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| | authority (“the authority concerned”), means— |
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| | (a) | an overview and scrutiny committee of another local authority exercising |
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| | relevant functions (within the meaning given by subsection (1)) of the |
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| | (b) | a joint overview and scrutiny committee of two or more authorities |
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| | exercising such functions. |
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| | (4) | The power of an overview and scrutiny committee under subsection (2)(c) to |
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| | review or scrutinise a decision made but not implemented by the authority (call- |
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| | (a) | to recommend that the decision be reconsidered by the person who made |
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| | (b) | to arrange for its function under subsection (2)(c), so far as it relates to |
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| | the decision, to be exercised by the authority. |
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| | (5) | For the purposes of this Chapter, a “designated person” is a person or organisation |
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| | that commissions or provides services, goods or facilities to the public within |
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| | their local authority area. This includes, but is not limited to— |
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| | (a) | a relevant commissioner or provider of NHS services or social care |
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| | services, subject to section 9FC, |
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| | (b) | a responsible authority under the Crime and Disorder Act 1998, |
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| | (c) | a water authority or waste water authority, |
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| | (d) | an integrated transport authority under the Transport Act 2008; a |
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| | company providing local bus services or a Train Operating Company |
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| | under the Railways Act 1993, |
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| | (f) | a flood risk management authority or emergency planning authority, |
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| | (g) | the Environment Agency, |
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| | (h) | the Homes and Communities Agency, |
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| | (j) | a county council, in an area where the authority exercising its powers |
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| | under this section is a shire district, |
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| | (k) | a shire district, in an area where the authority exercising its powers under |
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| | this section is a county council. |
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| | (6) | In London, the relationship between London Boroughs and designated persons |
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| | who are directly accountable to the London Assembly should be subject to the |
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| | agreement of procedures between those organisations. |
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| | 9FA | Overview and scrutiny committees: supplementary provisions |
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| | (1) | An overview and scrutiny committee of a local authority: |
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| | (a) | may appoint one or more sub-committees, and |
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| | (b) | may arrange for the discharge of any of its functions by any such sub- |
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| | (2) | A sub-committee of an overview and scrutiny committee may not discharge any |
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| | functions other than those conferred on it under subsection (1)(b). |
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| | (3) | A reference in this Act to an “overview and scrutiny committee” will include |
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| | reference to a sub-committee established under subsection (1) and to a joint |
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| | committee established under section 9F(3). |
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| | (4) | An overview and scrutiny committee of a local authority may not include any |
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| | member of the authority’s executive (under executive arrangements), the chair of |
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| | a decision-making service committee (under the committee system) or any |
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| | equivalent decision-making person or persons under executive arrangements. |
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| | (5) | An overview and scrutiny committee of a local authority may include persons |
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| | who are not members of the authority (co-optees). |
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| | (6) | Any person co-opted under subsection (5) will not be entitled to vote at any |
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| | meeting of that committee, unless the Council’s constitution makes provision for |
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| | such persons (either individuals or as a class of person) to vote. |
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| | (7) | Section 499 of the Education Act 1996 is repealed. |
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| | (8) | An overview and scrutiny committee of a local authority is to be treated: |
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| | (a) | as a committee or sub-committee of a principal council for the purposes |
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| | of Part 5A of the Local Government Act 1972 (access to meetings and |
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| | documents of certain authorities, committees and sub-committees), and |
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| | (b) | as a body to which section 15 of the Local Government and Housing Act |
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| | 1989 (duty to allocate seats to political groups) applies. |
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| | (9) | Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply |
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| | to an overview and scrutiny committee of a local authority as they apply to a |
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| | committee appointed under that section. |
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| | 9FB | Overview and scrutiny committees: powers |
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| | (1) | An overview and scrutiny committee of a local authority— |
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| | (a) | may require members of the executive (under executive arrangements), |
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| | the chair of a relevant committee (under the committee system), officers |
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| | of the authority or designated persons, as defined by section 9F(5) to— |
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| | (i) | attend before it to answer questions, subject to section 9FC and |
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| | (ii) | provide information to it that relates to the functions of the |
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| | committee, subject to section 9FC and 9FE, |
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| | (iii) | have regard to any reports or recommendations that the |
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| | committee produces that relate to the functions of the committee, |
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| | subject to section 9FC and 9FF, |
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| | (b) | may require any other member of the authority to attend before it to |
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| | answer questions relating to any function which is exercisable by the |
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| | member by virtue of section 236 of the Local Government and Public |
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| | Involvement in Health Act 2007. |
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| | (2) | It is the duty of any member, officer or person mentioned in paragraph (a) or (b) |
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| | of subsection (1) to comply with any requirement mentioned in that paragraph, |
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| | subject to sections 9FF (2) and (3). |
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| | 9FC | Overview and scrutiny committees: powers in relation to substantial changes |
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| | (1) | Where an overview and scrutiny committee proposes to use its powers under |
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| | section 9FB(1) in relation to a relevant NHS body or NHS provider— |
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| | (a) | it should have regard to any joint arrangements put in place under |
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| | subsections (2) and (3); and |
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| | (b) | it should have regard to any formal consultation arrangements put in |
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| | place under those subsections. |
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| | (2) | When a relevant NHS body or NHS provider proposes a substantial change to the |
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| | commissioning or provision of health services (referred to in this section as a |
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| | “substantial change”) that will affect the authority’s or authorities’ area, or the |
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| | area’s inhabitants, it must consult the overview and scrutiny committee of that |
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| | authority or authorities. |
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| | (3) | Where a substantial change under subsection (2) affects more than one principal |
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| | authority, or where it affects the services provided by a shire district in an area for |
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| | which there is also a county council, the scrutiny functions of those authorities |
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| | (a) | establish a joint committee to consider the proposal, or |
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| | (b) | put in place another joint working arrangement which allows all those |
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| | authorities affected by the proposal to input into the response to the |
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| | (4) | Where a committee or joint committee uses its powers under section 9FB(1) to |
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| | scrutinise an NHS body or NHS provider, apart from subsections (1),(2) and (3) |
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| | above, that organisation or person will be under the same obligation to attend |
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| | meetings, provide information and respond to recommendations as any other |
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| | designated person, subject to subsection (5). |
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| | (5) | Where information or attendance at an overview and scrutiny committee is |
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| | requested in connection to a substantial change, the relevant NHS body or NHS |
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| | provider must satisfy that request in a manner that ensures that the overview and |
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| | scrutiny committee has an opportunity to substantively contribute to the |
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| | (6) | A relevant NHS body or NHS provider is required to provide a formal response |
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| | to those it has consulted on a substantial change, including to any relevant |
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| | overview and scrutiny committee. This response must set out— |
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| | (a) | the action that the NHS body or NHS provider proposes to take with |
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| | regard to the substantial change, |
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| | (b) | the reasons for that decision, |
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| | (c) | any other information which the NHS body or NHS provider feels is |
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| | (d) | any other information which the NHS body or NHS provider has agreed |
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| | with any relevant overview and scrutiny committee shall be provided. |
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| | (7) | If an overview and scrutiny committee or joint overview and scrutiny |
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| | (a) | is dissatisfied with the process of the consultation on the substantial |
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| | (b) | is dissatisfied with the response provided by the NHS body or NHS |
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| | provider to the consultation, |
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| | (c) | is dissatisfied with the reasons given supporting that response, or |
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| | (d) | is not satisfied that the substantial change is not in the interest of the |
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| | (e) | if it is not a joint committee, recommend that full Council refer the matter |
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| | to the Secretary of State for Health for a direction, and |
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| | (f) | if it is a joint committee, refer the matter to the Secretary of State for |
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| | (8) | For the purposes of this section— |
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| | (a) | “relevant NHS body” means an NHS body other than a Special Health |
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| | Authority which is prescribed for those purposes in relation to the |
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| | (b) | “relevant NHS provider” means a body or person which provides |
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| | services under the Health and Social Care Act 2011 in pursuance of |
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| | arrangements made by the Board or a commissioning consortium and is |
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| | prescribed, or is of a description prescribed, for those purposes in relation |
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| | 9FD | Overview and scrutiny: duty to attend meetings |
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| | (1) | This section applies where an overview and scrutiny committee of a local |
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| | authority proposes to use its powers under 9FB(1)(a)(i) to require a person to |
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| | attend a committee meeting. |
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| | (2) | When a request is sent to a designated person to attend a meeting of an overview |
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| | and scrutiny committee, other than in accordance with section 9FC, that request |
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| | (a) | give reasonable notice of the meeting, considering subject matter and |
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| | (b) | make clear the purpose for which the designated person is being |
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| | (c) | be proportionate and reasonable, |
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| | | unless the scrutiny function of the local authority and the relevant public body |
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| | have agreed to waive or alter any of these requirements. |
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| | (3) | Subsection (2) shall not apply when an overview and scrutiny committee |
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| | proposes to use its powers under 9FB(1)(a)(i) to require an officer or member of |
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| | the authority to attend the meeting. |
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| | 9FE | Overview and scrutiny: duty to provide information |
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| | (1) | When a request is sent to a designated person to provide information to a scrutiny |
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| | function, that request must— |
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| | (a) | specify the format in which the information is to be provided, |
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| | (b) | make clear the purpose for which the designated person is being |
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| | requested to provide information, and |
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| | (c) | be proportionate and reasonable. |
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| | (2) | Subsections (1)(b) and (1)(c) will not apply where a request is sent to an officer |
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| | or member of the council to provide information. |
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| | 9FF | Overview and scrutiny: reports and recommendations |
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| | (1) | An overview and scrutiny committee may publish reports and recommendations. |
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| | (2) | Subject to subsection (3), the overview and scrutiny committee must by notice in |
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| | (b) | the executive (under executive arrangements), |
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| | (c) | a relevant committee of the council (under the committee system), or |
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| | | to accept or reject the recommendation, and in doing so to— |
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| | (e) | consider, and have regard to, the report or recommendations, |
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| | (f) | respond to the overview and scrutiny committee within two months, |
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| | advising what (if any) action that body or person proposed to take, |
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| | (g) | provide reasons for the decision if the body or person proposes not to take |
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