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Localism Bill


Localism Bill (Volume II)
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—

(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

(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.

(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

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—

(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).

(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

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

(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,

 
 

Localism Bill (Volume II)
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—

(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

(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

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

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

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

(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.

(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.

(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

overview and scrutiny committee or the local authority, in

publishing, or providing a copy of, the document—

 
 

Localism Bill (Volume II)
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

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

(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.

(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

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

(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.

(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

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,

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

section.

(9)   

In this section, references to an overview and scrutiny committee

include references to a sub-committee of such a committee.

 
 

Localism Bill (Volume II)
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

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

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

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—

(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

“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

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

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

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

subsection (3) which may, in particular, include provision—

 
 

Localism Bill (Volume II)
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,

(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

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.

(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

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.

(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

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.

(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

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

Justice Act 2006 (guidance and regulations regarding crime and

disorder matters).

 
 

Localism Bill (Volume II)
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

(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

(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

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.

(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

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.

(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.

(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

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.

 
 

Localism Bill (Volume II)
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—

(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

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

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

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,

(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,

(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

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

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

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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