Levelling-up and Regeneration Act 2023

Overview and scrutiny committees: supplementary provision

2 (1) An overview and scrutiny committee of a CCA—

(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 an overview and scrutiny committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).

(3) An overview and scrutiny committee of a CCA may not include a member of the CCA (including, in the case of a mayoral CCA, the mayor for the CCA’s area or deputy mayor).

(4) An overview and scrutiny committee of a CCA 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 (access to meetings and documents of certain authorities, committees and sub-committees).

(5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a CCA as they apply to a committee appointed under that section.

(6) An overview and scrutiny committee of a CCA—

(a) may require the members or officers of the CCA to attend before it to answer questions (including, in the case of a mayoral CCA, the mayor for the CCA’s area and deputy mayor), and

(b) may invite other persons to attend meetings of the committee.

(7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement.

(8) A person is not obliged by sub-paragraph (6) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

(9) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a CCA must have regard to any guidance for the time being issued by the Secretary of State.

(10) Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee.

(11) In sub-paragraphs (3) to (9) references to an overview and scrutiny committee of a CCA include references to any sub-committee of such a committee.