Regulation 8 Duty to co-operate on overview and scrutinyI1

England and Wales

(1)

This Regulation applies where—

(a)

a relevant overview and scrutiny committee (“the committee”) makes a report or recommendations under section 21(2)(e) of the 2000 Act, and

(b)

the report or recommendations relate to the exercise of a function of a corporate joint committee.

(2)

The corporate joint committee must co-operate with the committee and give it such reasonable assistance as it requests in connection with the exercise of its functions.

(3)

Assistance provided under paragraph (2) may include—

(a)

arranging for a member of the corporate joint committee to attend and answer questions at a meeting of the committee;

(b)

arranging for a member of the staff of the corporate joint committee to attend and answer questions at a meeting of the committee;

(c)

providing information;

(d)

providing copies of documents in the possession or under the control of the corporate joint committee.

(4)

Where the committee requests that the corporate joint committee provides confidential or exempt information, or a copy of any document or part of a document that contains confidential or exempt information, paragraph (2) does not require the corporate joint committee to provide such information or document to the committee unless the information is relevant.

(5)

For the purposes of paragraph (4) information is relevant if a proper officer of the corporate joint committee determines that the information—

(a)

relates to an action or decision that is being reviewed or scrutinised by the committee, or

(b)

is relevant to any review contained in any programme of work of the committee.

(6)

Nothing in this regulation permits the disclosure of confidential or exempt information by an overview and scrutiny committee other than may be authorised by any other enactment.

(7)

For the purposes of this regulation a “relevant overview and scrutiny committee”, in relation to a corporate joint committee is—

(a)

an overview and scrutiny committee appointed by a constituent council under section 21(2) of the 2000 Act;

(b)

a joint overview and scrutiny committee appointed under the Local Authorities (Joint Overview and Scrutiny Committees) (Wales) Regulations 2013^f1 where the appointing authorities are constituent councils of the corporate joint committee;

(c)

a sub-committee of a committee described in paragraph (a) or (b).

Annotations

Commencement

I1: Reg. 8 in force at 15.7.2022, see reg. 1(2)

Footnotes

f1: S.I. 2013/1050 (W. 112).