Part II Arrangements with respect to executives etc.
Provisions with respect to executive arrangements
21 Overview and scrutiny committees.
(1)
Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and 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 F1, and any joint 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,
F2(f)
in the case of the overview and scrutiny committee or committees of an authority to which F3F4section 244 of the National Health Service Act 2006 or section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under F5either of those sections F5that section, matters relating to the health service (within the meaning given by F6the Act concerned F6that Act, and as extended by F7the section concerned F7that section)
in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.
F8(2A)
In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
(a)
F9a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities,
(b)
F9an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section,
(c)
a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,
(d)
an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or
(e)
a joint overview and scrutiny committee F10—
(i)
(ii)
a joint overview and scrutiny committee within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned.
(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.
(4)
F13...an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section F14, sections 21A to 21C F15or any functions which may be conferred on it by virtue of regulations under section 21E F16or under section 244(2ZE) of the National Health Service Act 2006.
F17(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
F18(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive.
(10)
An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under paragraphs 7 to 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting F19, unless permitted to do so under paragraph 12 of that Schedule.
F20(10A)
For provision about the appointment of persons to chair overview and scrutiny committees of local authorities in Wales, see sections 66 to 75 of the Local Government (Wales) Measure 2011.
(11)
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
(a)
as a committee or sub-committee of a principal council for the purposes of Part VA of the M1Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
(b)
as a body to which section 15 of the M2Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
(12)
Subsections (2) and (5) of section 102 of the M3Local 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,
F21(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 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) F22or under section 56 of the Local Government (Wales) Measure 2011, F23...
(b)
may invite other persons to attend meetings of the committee.
(14)
It is the duty of any member or officer mentioned in F24paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph.
(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.
F25(16)
In exercising, or deciding whether to exercise, any of its functions—
(a)
an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and
(b)
an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.
(17)
Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.