SCHEDULES
SCHEDULE 8Further provision about crime and disorder committees of certain local authorities
Introductory
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1
This Schedule applies in relation to a local authorityF1—
a
b
that has not appointed an overview and scrutiny committee under section 9JA of that Act.
2
In this Schedule “local authority” and “crime and disorder committee” have the same meaning as in section 19.
Functions of crime and disorder committees
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1
The crime and disorder committee of a local authority may not discharge any functions other than its functions under section 19 or this Schedule.
2
In the case of a committee of a local authority that acts as its crime and disorder committee and also acts in one or more other capacities, the reference in sub-paragraph (1) to the crime and disorder committee is a reference to that committee in its capacity as crime and disorder committee.
Appointment of sub-committees
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1
The crime and disorder 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.
2
A sub-committee of the crime and disorder committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).
Meetings etc
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A local authority shall make arrangements—
a
for enabling a member of the crime and disorder committee of the authority to ensure that a matter that 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
for enabling a member of a sub-committee of such a committee to ensure that a matter that 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.
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The crime and disorder committee of a local authority, or a sub-committee of such a committee, may include persons who are not members of the authority, but (subject to section 20(6)) such persons are not entitled to vote, at a meeting of such a committee or sub-committee, on any question that falls to be decided at that meeting.
Power to compel attendance etc
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1
The crime and disorder committee of a local authority or a sub-committee of such a committee—
a
may require members or officers of the authority to attend before it to answer questions;
b
may invite other persons to attend meetings of the committee.
2
A member or officer of a local authority shall comply with any requirement made under sub-paragraph (1)(a).
3
A person is not obliged by sub-paragraph (2) to answer any question that he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
Miscellaneous and supplemental
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The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents of certain authorities, committees and sub-committees).
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The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) applies.
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Subsections (2) and (5) of section 102 of the Local Government Act 1972 (appointment of committees) apply to the crime and disorder committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
Application to the City of London
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Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.
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1
The Common Council may discharge its duty under section 19(1) by itself acting as the crime and disorder committee of the Council, and sub-paragraphs (2) to (4) apply if it does so.
2
In section 19 or 20 or this Schedule, or in section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), a reference to the crime and disorder committee of a local authority includes a reference to the Common Council in its capacity as crime and disorder committee.
3
Paragraph 2, in its application to the Common Council, has effect with the omission of sub-paragraph (2).
4
Paragraph 9, in its application to the Common Council, applies only so far as it relates to sub-committees.
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In paragraphs 10 and 11 “the Common Council” means the Common Council of the City of London.