House of Commons Public Bill Committee Proceedings

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 1 February 2011
11

Localism Bill, continued

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

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Section 499 of the Education Act 1996 is repealed.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

Public Bill Committee Proceedings: 1 February 2011
12

Localism Bill, continued

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—

(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

Public Bill Committee Proceedings: 1 February 2011
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Localism Bill, continued

(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—

(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,

Public Bill Committee Proceedings: 1 February 2011
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Localism Bill, continued

(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

(h)
publish the response.

(3)
In this section, an “accepted recommendation” means a recommendation

submitted to a person covered by subsections (2)(a), (b), (c) or (d), where the

requirements of subsections (2)(e), (f), (g) or (h) have been satisfied.

(4)
Subsection (2) will not apply where a recommendation is made which does not

relate to—

(a)
an issue for which the subject of that recommendation is responsible, and

(b)
an issue which does not affect the inhabitants of the area.

(5)
An overview and scrutiny committee may require updates to be provided on the

implementation of an accepted recommendation.

(6)
Where an overview and scrutiny committee proposes to exercise the powers in

subsection (5), this requirement must—

(a)
be set out at the time the recommendation is made under subsection (2),

(b)
indicate after what period of time an update, or updates, will be required,

and

(c)
specify the format in which the update is to be provided.

9FG
Statutory scrutiny officers

(1)
A local authority must designate one of its officers to discharge the functions in

subsection (2).

(2)
Those functions are:

(a)
to promote the role of overview and scrutiny within the locality,

(b)
to provide support to the authority’s scrutiny functions, and

(c)
to provide support and guidance to—

(i)
members of the authority,

(ii)
such persons who are not members of the authority but who sit

on an overview and scrutiny committee or committees,

(iii)
officers of the authority, and

(iv)
other designated persons,


in relation to the authority’s scrutiny function.

(3)
An officer designated by a local authority under this section is to be known as the

authority’s “statutory scrutiny officer”.

(4)
The local authority must provide the scrutiny officer with such staff,

accommodation and other resources as are, in the officer’s opinion, sufficient to

allow the officer to discharge the functions in subsection (2).

(5)
A local authority may not designate any of the following under this 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,

or

(c)
the authority’s chief finance officer, within the meaning of that section.



© Parliamentary copyright	Revised 2 February 2011