Article 5 Appointment of chairI1
England and Wales
— Paragraphs (2) to (4) apply where the chair of an overview and scrutiny committee is to be an independent person in accordance with provision made under paragraph 3 of Schedule 5A to the 2009 Actf1 F1, in the case of a combined authority, or in accordance with provision made under paragraph 3 of Schedule 1 to the 2023 Act, in the case of a combined county authority.
A person is independent if the person—
is not a member or substitute member, or officer, of the combined authority, or, as the case may be, combined county authority;
is not a member, co-opted member, or officer of a principal council or parish council, whose area is within the area of the combined authority, or, as the case may be, the combined county authority;
is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and
was not—
a member or substitute member, or officer, of the authority, or
a member, co-opted member, or officer of a principal council or parish council, whose area is within the area of the authority,
at any time during the five years ending with an appointment as chair of the overview and scrutiny committee under arrangements made by the authority in accordance with paragraph 3(4)(a) of Schedule 5A to the 2009 Act, in the case of a combined authority, or paragraph 3(4)(a) of Schedule 1 to the 2023 Act, in the case of a combined county authority.
A person may not be appointed as independent chair of the overview and scrutiny committee unless—
the vacancy for a chair of the overview and scrutiny committee has been advertised in such manner as the combined authority F3or, as the case may be, combined county authority, considers is likely to bring it to the attention of the public;
the person has submitted an application to fill the vacancy to the combined authority F4or, as the case may be, combined county authority, and
the person’s appointment has been approved by a majority of the members of the combined authority F5or, as the case may be, combined county authority.
A person appointed as independent chair of the overview and scrutiny committee does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment.
Paragraph (6) applies where the chair of an overview and scrutiny committee is to be an appropriate person in accordance with provision made under paragraph 3(4)(b) of Schedule 5A to the 2009 Act F6in the case of a combined authority, or in accordance with provision made under paragraph 3(4)(b) of Schedule 1 to the 2023 Act, in the case of a combined county authority.
Where the mayor is not a member of a registered political party, a person may not be appointed as chair of the overview and scrutiny committee if that person is –
a member of the registered political party which has the most representatives among the members of the constituent councils on the combined authority F7or, as the case may be, on the combined county authority, or
where two or more parties have the same number of representatives, a member of any of those parties.
Annotations
Textual amendments
- F1
Words in art. 5(1) 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), 6(a)
- F2
Art. 5(2) substituted (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), 6(b)
- F3
Words in art. 5(3)(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), 6(c)(i)
- F4
Words in art. 5(3)(b) 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), 6(c)(ii)
- F5
Words in art. 5(3)(c) 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), 6(c)(ii)
- F6
Words in art. 5(5) 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), 6(d)
- F7
Words in art. 5(6)(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), 6(e)
Commencement
Footnotes
- f1
-
Paragraph 3(4) of Schedule 5A to the 2009 Act requires the Secretary of State to make provision that the chair of an overview and scrutiny committee is an independent person, as defined by the order (paragraph 3(4)(a) of Schedule 5A) or an appropriate person who is a member of one of the combined authority’s constituent councils (paragraph 3(4)(b) of Schedule 5A).