C5C6C7C20C22C23Part IIF15Local authorities in Wales: arrangements with respect to executives etc.
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
Pt. 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
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Provisions with respect to executive arrangements
C1I1C14C15C18C17C16C19C22C21C26C2721C22 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 F7, 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,
F1f
in the case of the overview and scrutiny committee or committees of an authority to which F18F2... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under F19that section, matters relating to the health service (within the meaning given by F20that Act, as extended by that section) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.
F62A
In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—
F25a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F24committee 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.
C2C12C8C10C244
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3C13C256
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.
C3C13C257
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).
F10C3C13C258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3C13C259
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.
C3C4C13C11C9C2510
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 F16paragraph 8 or 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 F17....
F1210A
For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F26..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.
C3C13C2511
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.
C3C13C2512
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.
C3C1313
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,
F9aa
b
may invite other persons to attend meetings of the committee.
C3C1314
It is the duty of any member or officer mentioned in F11paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph.
C3C1315
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.
F516
In exercising, or deciding whether to exercise, any of its functions—
F27a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an overview and scrutiny committee of a local authority F28..., 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.
Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)