Article 10 Additional rights of access to documents for members of overview and scrutiny committeesI1

England and Wales

(1)

Subject to paragraph (3), a member of an overview and scrutiny committee or a sub-committee of such a committee is entitled to a copy of any document which—

(a)

is in the possession or under the control of the combined authority F1or combined county authority or the mayor; and

(b)

contains material relating to—

(i)

any business that has been transacted at a meeting of a decision-making body of that authority; or

(ii)

any decision that has been made by an individual member of that combined authority F2or combined county authority.

(2)

Subject to paragraph (3), where a member of an overview and scrutiny committee or a sub-committee of such a committee requests a document which falls within paragraph (1), the combined authority F3or combined county authority or the mayor must provide that document as soon as reasonably practicable and in any case no later than 10 clear days after the F4... authority receives the request.

(3)

No member of an overview and scrutiny committee is entitled to a copy—

(a)

of any such document or part of a document as contains exempt or confidential information unless that information is relevant to—

(i)

an action or decision that that member is reviewing or scrutinising; or

(ii)

any review contained in any programme of work of such a committee or sub-committee of such a committee; or

(b)

of a document or part of a document containing advice provided by a political adviser ^f1.

(4)

Where the combined authority F5or combined county authority or the mayor determines that a member of an overview and scrutiny committee is not entitled to a copy of a document or part of any such document for a reason set out in paragraph (3), it must provide the overview and scrutiny committee with a written statement setting out its reasons for that decision.

(5)

In this article, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

Annotations

Textual amendments

F1: Words in art. 10(1)(a) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 11(a)(i)
F2: Words in art. 10(1)(b)(ii) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 11(a)(ii)
F3: Words in art. 10(2) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 11(b)(i)
F4: Word in art. 10(2) omitted (7.5.2024) by virtue of The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 11(b)(ii)
F5: Words in art. 10(4) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 11(c)

Commencement

I1: Art. 10 in force at 8.5.2017, see art. 1

Footnotes

f1: Section 107D(7)(d) of the 2009 Act allows for provision to be made by order for the mayor for the area of a combined authority to appoint a political adviser.