| (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. |
|
|
|
|