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Scrutiny      LGA 2000 s21

(1)         Councils must have one or more Overview & Scrutiny Committees. 
(2)     Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees have power between them) 
  (a)   to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,
  (b)   to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
  (c)   to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
  (d)   to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,
  (e)   to make reports or recommendations to the authority or the executive on matters which affect the authority's area or the inhabitants of that area.
(3)   The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power
  (a)   to recommend that the decision be reconsidered by the person who made it, or
  (b)   to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
(6)     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.
(7)     A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).
(8)     Executive arrangements by a local authority must include provision which enables:
  (a)   any member of an overview and scrutiny committee of the authority to ensure that any matter which is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and
  (b)   any member of a sub-committee of such a committee to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.
(9)     Executive councillors are banned from being scrutiny committee members.
(10)    

Non-councillors can be committee members but can not vote.

But Church representatives on Education scrutiny committees can. The Local Authorities (Alternative Arrangements) (England) Regulations 2001 (SI 2001 No. 1299) s8    And so can Parent Govenors - s16

The Parent Governor Representatives (England) Regulations 2001 (SI 2001 No. 478) s3, between 2 and 5 parent govenors to be appointed to Education scrutiny committees. Can vote on Education matters s10.

LGA 2003 s105 permits co-opted members to vote

(11)     Scrutiny committees:
  (a)   must have the same access to documents as "a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972"
(b)   membership allocated in proportion to council groups LGHA 1989 s15.
(12)     Subsections (2) and (5) of section 102 of the Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
(13)     An overview and scrutiny committee of a local authority or a sub-committee of such a committee:
  (a)   may require members of the executive, and officers of the authority, to attend before it to answer questions, and
  (b)   may invite other persons to attend meetings of the committee.
(14)     It is the duty of any member or officer mentioned in subsection (13)(a) to comply with any requirement so mentioned.
(15)     A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

2 May 2005  •  Contact