|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | [Fifth and Sixth sittings]
|
|
| | |
| | |
| | |
| | |
| | | |
| | Clause 1, page 1, line 6, at end insert ‘(“the power of general competence”.)’. |
|
| | | |
| | | |
| | | Clauses 2 to 4 Agreed to. |
|
| | |
| | |
| | |
| | |
| | | |
| | 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’. |
|
| | |
| | |
| | |
| | | |
| | 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’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | | |
| | Clause 5, page 4, line 10, leave out subsections (3) to (7). |
|
| | | |
| | |
| | |
| | |
| | |
| | | |
| | Page 4, line 29, leave out Clause 6. |
|
| | | |
| | | |
| | |
| | |
| | |
| | |
| | | |
| | 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 |
|
| | |
| | |
| | |
| | |
| | | |
| | 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 |
|
| | |
| | |
| | |
| | |
| | | |
| | Clause 8, page 7, line 46, leave out from beginning to end of line 16 on page 8. |
|
| | |
| | |
| | |
| | | |
| | Clause 8, page 8, line 19, leave out from beginning to end of Clause. |
|
| | | Clause Agreed to on division. |
|
|
| |
| | |
| | |
| |
| | | Clauses 9 and 10 Agreed to. |
|
| | |
| | |
| | |
| | |
| | | |
| | Schedule 2, page 173, leave out line 2. |
|
| | |
| | |
| | |
| | | |
| | Schedule 2, page 173, leave out lines 22 to 24. |
|
| | |
| | |
| | |
| | | |
| | 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).’. |
|
| | |
| | |
| | |
| | | |
| | Schedule 2, page 173, leave out lines 30 to 40. |
|
| | |
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | |
| | |
| | |
| | | |
| | Schedule 2, page 180, line 27, leave out from beginning to end of line 22 on page |
|
| | |
| | | ‘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. |
|
| | | (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 |
|
| | | |
| | | (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 |
|
| | | |
| | | (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- |
|
| | | |
| | | (a) | to recommend that the decision be reconsidered by the person who made |
|
| | | |
| | | (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, |
|
| | | |
| | | (f) | a flood risk management authority or emergency planning authority, |
|
| | | (g) | the Environment Agency, |
|
| | | (h) | the Homes and Communities 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. |
|
|
