# The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017, Article 6: Reference of matters to overview and scrutiny committees

Extent: E+W

(1) The combined authority or, as the case may be, combined county authority, must ensure that it enables—
(a) any member of an overview and scrutiny committee to refer to the committee any matter which is relevant to the functions of the committee;
(b) any member of a sub-committee of an overview and scrutiny committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee;
(c) any member or substitute member of the combined authority or, as the case may be, combined county authority, to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter; ...
(d) any member of a constituent council, non-constituent council or principal council which can nominate a non-constituent member of the combined authority, or, as the case may be, of the combined county authority, to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter; and
(e) any other principal council whose area is within the area of the combined county authority, but not a member of that council, to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter, and is related to the area of that principal council.
(2) For the purposes of paragraph (1), a combined authority or, as the case may be, combined county authority, enables a member or substitute member mentioned in paragraph (1)(a) to (d) or a council mentioned in paragraph (1)(e) to refer a matter to a committee or sub-committee if it enables that member , substitute member or council to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
(3) Paragraphs (4) to (7) apply where a matter is referred to an overview and scrutiny committee by—
(a) a member or substitute member of a combined authority or, as the case may be, a member or substitute member of a combined county authority,
(b) a member of a constituent council,
(c) a member of a non-constituent council,
(d) a member of a principal council which can nominate a non-constituent member,
(e) a principal council referred to in paragraph (1)(e),
in accordance with arrangements made by the combined authority or, as the case may be, the combined county authority, pursuant to paragraph (1)(c), (d) or (e).
(4) In considering whether or not to exercise any of the powers under arrangements made in accordance with—
(a) paragraph 1(2)(a) or (3)(a) of Schedule 5A to the 2009 Act in the case of a combined authority, or
(b) paragraph 1(2)(a) or (3)(a) of Schedule 1 to the 2023 Act in the case of a combined county authority,
in relation to a matter referred to the committee, the committee must have regard to any representations made by the member, substitute member or council as to why it would be appropriate for the committee to exercise any of these powers in relation to the matter.
(5) If the committee decides not to exercise any of its powers under arrangements made in accordance with the provisions specified in paragraph (4) in relation to the matter, it must notify the member , substitute member or council of—
(a) its decision; and
(b) the reasons for it.
(6) The committee must provide the member , substitute member or council with a copy of any report or recommendations which it makes under paragraph 1(2)(b) or (3)(b) of Schedule 5A to the 2009 Act in the case of a combined authority, or under paragraph 1(2)(b) or (3)(b) of Schedule 1 to the 2023 Act in the case of a combined county authority, in connection with the matter referred to it by the member , substitute member or council.
(7) Paragraph (6) is subject to article 8 (confidential and exempt information).

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Source: https://www.legislation.gov.uk/uksi/2017/68/article/6 (the official version)
Page: https://openlegislation.uk/combined-authorities-overview-and-scrutiny-committees-access-to-information-and-audit-committees-order-2017/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.