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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

80

 

118     

Transitional provision

(1)   

Subsection (2) applies in relation to each responsible local authority when it is

first directed by the Secretary of State under subsection (1) of section 106 to

prepare and submit a draft of a local area agreement.

(2)   

If the direction so provides—

5

(a)   

it is immaterial, for the purpose of satisfying the duty imposed by that

subsection, whether the draft of the local area agreement was prepared

before or after the direction was given; and

(b)   

subsections (2) and (3) of that section do not apply in relation to the

preparation of that draft local area agreement.

10

(3)   

The Offender Management Act 2007 (c. 21) is amended as follows.

(4)   

In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in

relation to probation services to the functions in relation to which the Secretary

of State is a partner authority)—

(a)   

in sub-paragraph (1), for “Section 80” substitute “Section 104”;

15

(b)   

in  sub-paragraph (2), for “subsection (3)(g)” substitute “subsection

(4)(i)”; and

(c)   

in sub-paragraph (3), in the inserted subsection (5A), for “subsection

(3)(g)(iv)” substitute “subsection (4)(i)(iv)”.

(5)   

In Part 1 of Schedule 5 (repeals relating to probation services), in the entry

20

relating to this Act—

(a)   

for “section 80(3)” substitute “section 104(4)”; and

(b)   

for “(g)(ii)” substitute “(i)(ii)”.

Chapter 2

Overview and scrutiny committees

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119     

Reference of matter by councillor to overview and scrutiny committee

After section 21 of the Local Government Act 2000 (c. 22) insert—

“21A    

Reference of matters to overview and scrutiny committee etc

(1)   

Executive arrangements by a local authority must include provision

which—

30

(a)   

enables any member of an overview and scrutiny committee of

the authority to refer to the committee any matter which is

relevant to the functions of the committee,

(b)   

enables any member of a sub-committee of such a committee to

refer to the sub-committee any matter which is relevant to the

35

functions of the sub-committee, and

(c)   

in the case of a local authority in England, enables any member

of the authority to refer to an overview and scrutiny committee

of the authority of which he is not a member any local

government matter which is relevant to the functions of the

40

committee.

(2)   

For the purposes of subsection (1), provision enables a person to refer a

matter to a committee or sub-committee if it enables him to ensure that

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

81

 

the matter is included in the agenda for, and discussed at, a meeting of

the committee or sub-committee.

(3)   

In considering whether to exercise the power which he has by virtue of

subsection (1)(c) in any case, a member of an authority must have

regard to any guidance for the time being issued by the Secretary of

5

State.

(4)   

Guidance under subsection (3) may make different provision for

different cases.

(5)   

Subsections (6) to (8) apply where a local government matter is referred

to an overview and scrutiny committee by a member of a local

10

authority in accordance with provision made pursuant to subsection

(1)(c).

(6)   

In considering whether or not to exercise any of its powers under

section 21(2) in relation to the matter, the committee may have regard

to—

15

(a)   

any powers which the member may exercise in relation to the

matter by virtue of section 233 of the Local Government and

Public Involvement in Health Act 2007 (exercise of functions by

local councillors in England), and

(b)   

any representations made by the member as to why it would be

20

appropriate for the committee to exercise any of its powers

under section 21(2) in relation to the matter.

(7)   

If the committee decides not to exercise any of those powers in relation

to the matter, it must notify the member of—

(a)   

its decision, and

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(b)   

the reasons for it.

(8)   

The committee must provide the member with a copy of any report or

recommendations which it makes to the authority or the executive

under section 21(2) in relation to the matter.

(9)   

Subsection (8) is subject to section 21D.

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(10)   

In this section “local government matter”, in relation to a member of a

local authority, means a matter which—

(a)   

relates to the discharge of any function of the authority,

(b)   

affects all or part of the electoral area for which the member is

elected or any person who lives or works in that area, and

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(c)   

is not an excluded matter.

(11)   

In subsection (10)(c), “excluded matter” means any matter which is—

(a)   

a local crime and disorder matter within the meaning of section

19 of the Police and Justice Act 2006 (local authority scrutiny of

crime and disorder matters), or

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(b)   

a matter of any description specified in an order made by the

Secretary of State for the purposes of this section.”

120     

Power of overview and scrutiny committee to question members of authority

(1)   

In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny

committees), in subsection (13), before “and” immediately following

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Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

82

 

paragraph (a) insert—

“(aa)   

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 233 of the Local

Government and Public Involvement in Health Act 2007

5

(exercise of functions by local councillors in England),”.

(2)   

In subsection (14) of that section, for the words following “mentioned in”

substitute “paragraph (a) or (aa) of subsection (13) to comply with any

requirement mentioned in that paragraph”.

121     

Powers to require information from partner authorities

10

(1)   

After section 22 of the Local Government Act 2000 (c. 22) insert—

“22A    

Overview and scrutiny committees of certain authorities in England:

provision of information etc by certain partner authorities

(1)   

The Secretary of State may by regulations make provision, in relation to

a relevant committee—

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(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

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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

25

(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 21C.

(4)   

The Secretary of State may also by regulations make provision, in

30

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.

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(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).

(6)   

For the purposes of subsection (4)—

40

“relevant district council committee” means—

(a)   

an overview and scrutiny committee of a district council

which is not a responsible local authority (“the district

council”), or

(b)   

a sub-committee of such a committee;

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Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

83

 

“associated authority”, in relation to a relevant district council

committee, means—

(a)   

the county council which is the responsible local

authority in relation to the district council, or

(b)   

any person (other than the district council) which is a

5

partner authority in relation to that county council,

other than—

(i)   

a police authority, or

(ii)   

a chief officer of police;

   

and for this purpose, “responsible local authority” and “partner

10

authority” have the same meanings as in Chapter 1 of Part 5 of the Local

Government and Public Involvement in Health Act 2007.

(7)   

Regulations under this section may make different provision in relation

to different persons or committees or descriptions of person or

committee.

15

(8)   

The power conferred by subsection (7) does not affect the power

conferred by section 105(2)(b).”

(2)   

In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations

regarding crime and disorder matters), after subsection (6) insert—

“(6A)   

In subsection (5)(c) and (d), references to information are, in relation to

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any crime and disorder committee, to information relating to—

(a)   

the discharge, or decisions made or other action taken in

connection with the discharge, by the responsible authorities of

their crime and disorder functions; or

(b)   

local crime and disorder matters which the committee is

25

required to consider under section 19(6).”

(3)   

In subsection (7) of that section, for “and “co-operating persons and bodies””

substitute “, “co-operating persons and bodies”, “crime and disorder

functions” and “local crime and disorder matters””.

(4)   

In section 244 of the National Health Service Act 2006 (c. 41) (functions of

30

overview and scrutiny committees), after subsection (2) insert—

“(2A)   

In subsection (2)(d) and (e), references to information are to

information relating to matters relating to the health service in the

authority’s area.”

122     

Overview and scrutiny committees: reports and recommendations

35

(1)   

After section 21A of the Local Government Act 2000 (c. 22) (inserted by section

119) insert—

“21B    

Duty of authority or executive to respond to overview and scrutiny

committee

(1)   

This section applies where an overview and scrutiny committee of a

40

local authority in England makes a report or recommendations to the

authority or the executive, otherwise than—

(a)   

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

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Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

84

 

(b)   

under subsection (6) of that section.

(2)   

The overview and scrutiny committee may publish the report or

recommendations.

(3)   

The overview and scrutiny committee must by notice in writing require

the authority or executive—

5

(a)   

to consider the report or recommendations,

(b)   

to respond to the overview and scrutiny committee indicating

what (if any) action the authority propose, or the executive

proposes, to take,

(c)   

if the overview and scrutiny committee has published the

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report or recommendations under subsection (2), to publish the

response,

(d)   

if the overview and scrutiny committee provided a copy of the

report or recommendations to a member of the authority under

section 21A(8), to provide the member with a copy of the

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response,

   

and to do so within two months beginning with the date on which the

authority or executive received the report or recommendations or (if

later) the notice.

(4)   

It is the duty of an authority or executive to which a notice is given

20

under subsection (3) to comply with the requirements specified in the

notice.

(5)   

Subsections (2) and (4) are subject to section 21D and to any provision

made under section 22(12A).

(6)   

In this section—

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(a)   

references to an overview and scrutiny committee include

references to a sub-committee of such a committee; and

(b)   

references to “the authority” or “the executive”, in relation to an

overview and scrutiny committee, or a sub-committee of such a

committee, are to the authority by which the overview and

30

scrutiny committee is established or to the executive of that

authority.

21C     

Reports and recommendations of overview and scrutiny committees:

duties of certain partner authorities

(1)   

This section applies where—

35

(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

40

(ii)   

under subsection (6) 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.

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(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 their functions.

 
 

Local Government and Public Involvement in Health Bill
Part 5 — Co-operation of English authorities with local partners, etc
Chapter 2 — Overview and scrutiny committees

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(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

(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).

10

(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 21D.

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(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

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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,

“local improvement target” and “local area agreement” have the

25

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—

30

(i)   

a county council in England,

(ii)   

a district council in England, other than a council

for a district in a county for which there is a

county council, or

(iii)   

a London borough council, or

35

(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

40

Government and Public Involvement in Health Act 2007, other

than—

(a)   

a police authority, or

(b)   

a chief officer of police;

   

and references to a target relating to a relevant partner authority are to

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be construed in accordance with section 105(3) of the Local

Government and Public Involvement in Health Act 2007.

 
 

 
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