Part IIE+W Arrangements with respect to executives etc.

Modifications etc. (not altering text)

C2Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

C4Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C5Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

Provisions with respect to executive arrangementsE+W

[F121CReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesE+W

(1)This section applies where—

(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

(ii)by virtue of subsection (3)(a) 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.

(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.

(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)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).

(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.

(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 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 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—

    (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

    (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 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 be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

Modifications etc. (not altering text)

C7Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))