Localism Act 2011

National Health Service Act 2006 (c. 41) E+W

73 E+W The National Health Service Act 2006 is amended as follows.

Commencement Information

I1 Sch. 3 para. 73 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

74 E+W In section 244 (functions of overview and scrutiny committees) after subsection (4) insert—

“(5) In this section, section 245 and section 246 references to an overview and scrutiny committee include references to—

(a) an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and

(b) an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).”

Commencement Information

I2 Sch. 3 para. 74 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

75 (1) Section 245 (joint overview and scrutiny committees etc) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for “Part 2” substitute “ Part 1A ”, and

(ii) for “section 21(2)(f)” substitute “ section 9F(2)(f) ”, and

(b) for paragraph (b) and the words from that paragraph to the end of the subsection substitute—

“(b) in relation to a local authority operating a committee system under that Part, are any corresponding functions which are or, but for regulations under this section, would be, exercisable by an overview and scrutiny committee of the authority appointed under section 9JA of that Act.”

(3) In subsection (3)(b)—

(a) in sub-paragraph (i) for “section 21(4) and (6) to (17)” substitute “ sections 9F(5), 9FA, 9FC to 9FG and 9FI ”, and

(b) omit sub-paragraphs (ia) and (ib).

(4) In subsection (7) for “Section 21(4)” substitute “ Section 9F(5) ”.

(5) In subsection (8) for “Section 21(10)” substitute “ Section 9FA(5) ”.

Commencement Information

I3 Sch. 3 para. 75 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

76 E+W In section 246 (overview and scrutiny committees: exempt information) in subsection (1)—

(a) after “relating to” insert “—

(a)” ,

(b) for “section 21(2)(f)” substitute “ section 9F(2)(f) ”, and

(c) after “(c. 22)” insert “, or

(b) corresponding functions of an overview and scrutiny committee appointed under section 9JA of that Act”.

Commencement Information

I4 Sch. 3 para. 76 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

77 (1) Section 247 (application to the City of London) is amended as follows. E+W

(2) In subsection (1) for “section 21(2)(f)” substitute “ section 9F(2)(f) ”.

(3) In subsection (3)—

(a) for “Section 21” substitute “ Section 9F ”,

(b) in paragraph (a) for “(3), (5) and (9)” substitute “ (4) ”, and

(c) omit paragraphs (b) to (d).

(4) After subsection (3) insert—

“(3A) Section 9FA of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—

(a) of subsection (3),

(b) in subsection (6), of paragraph (b), and

(c) in subsection (8)(a), of the reference to members of the executive.”

(5) In subsection (4)—

(a) for “and (3)” substitute “ to (3A) ”, and

(b) for “section 21(2)” substitute “ section 9F(2) ”.

Commencement Information

I5 Sch. 3 para. 77 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)

78 E+W After section 247 (application to the City of London) insert—

“247A Application to certain other local authorities without overview and scrutiny committees

(1) This section applies to a local authority (“Authority A”) that—

(a) is—

(i) a county council in England,

(ii) a London borough council, or

(iii) a district council for an area for which there is no county council,

(b) does not operate executive arrangements, and

(c) has not appointed an overview and scrutiny committee under section 9JA of the Local Government Act 2000 (“the 2000 Act”).

(2) Authority A must establish a committee which has, in relation to Authority A's area, the functions which under section 9F(2)(f) of the 2000 Act the overview and scrutiny committee of a local authority operating executive arrangements (“Authority B”) has in relation to Authority B's area.

(3) In relation to the committee established by Authority A under subsection (2)—

(a) sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act and Schedule 11 to the National Health Service (Wales) Act 2006) apply as if the committee were an overview and scrutiny committee,

(b) section 9F of the 2000 Act applies as if—

(i) the committee were an overview and scrutiny committee,

(ii) subsections (1) to (4) were omitted, and

(iii) in subsection (5) for paragraphs (a) and (b) there were substituted “ its functions under section 247A(2) of the National Health Service Act 2006 ”,

(c) section 9FA of the 2000 Act applies as if—

(i) the committee were an overview and scrutiny committee,

(ii) subsection (3) were omitted, and

(iii) in subsection (8)(a) the reference to members of the executive were a reference to members of the authority, and

(d) paragraphs 11 to 13 of Schedule A1 to the 2000 Act apply as if the committee were an overview and scrutiny committee.

(4) In the provisions as applied by subsection (3) references to functions under any provision of section 9F(2) of the 2000 Act are, in the case of a committee established by Authority A under subsection (2), references to the committee's functions under subsection (2).

(5) In this section “executive arrangements” means executive arrangements under Part 1A of the 2000 Act.”

Commencement Information

I6 Sch. 3 para. 78 in force at 4.5.2012 by S.I. 2012/1008, art. 4(b)