The Local Authorities (Committee System) (England) Regulations 2012

PART 4 Overview and scrutiny committees: voting rights of co-opted members

Voting rights of co-opted members

11.—(1) A local authority may permit a co-opted member of an overview and scrutiny committee of the authority to vote at meetings of the committee.

(2) Permission under paragraph (1) may only be given in accordance with a scheme made by the local authority.

(3) A scheme for the purposes of this regulation may include—

(a) provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee; and

(b) provision for giving effect to any maximum or minimum established under sub-paragraph (a).

(4) The power to make a scheme for the purposes of this regulation includes power to vary or revoke such a scheme.

(5) Paragraph 12 of Schedule A1 to the 2000 Act applies to a committee system local authority as it applies to a local authority operating executive arrangements.

(6) In this regulation, references to a co-opted member, in relation to an overview and scrutiny committee of a local authority, are to a member of the committee who is not a member of the authority.

Voting rights of co-opted members: publication of schemes

12.—(1) A local authority which makes a scheme for the purposes of regulation 11 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.

(2) If a local authority makes a scheme for the purposes of regulation 11, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in such a manner as the local authority considers likely to bring to the attention of persons who live in the area of the local authority a notice which complies with this regulation.

(3) In the case of the making of a scheme, the notice under paragraph (2) must—

(a) record the making of the scheme;

(b) describe what it does;

(c) state that copies of it are available for inspection at the principal office of the local authority; and

(d) specify—

(i) the address of that office; and

(ii) the times when the scheme is available for inspection there.

(4) In the case of the variation of a scheme, the notice under paragraph (2) must—

(a) record the variation;

(b) describe what it does;

(c) state that copies of the scheme as varied are available for inspection at the principal office of the local authority; and

(d) specify—

(i) the address of that office; and

(ii) the times when the scheme is available for inspection there.

(5) In the case of the revocation of a scheme, the notice under paragraph (2) must record the revocation.