Explanatory note

Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions.

Paragraph 3(1) of Schedule 5A to the 2009 Act provides that the Secretary of State may make provision for overview and scrutiny committees of a combined authority. Paragraph 4(3) of Schedule 5A to the 2009 Act provides that the Secretary of State may make provision for the membership of a combined authority’s audit committee and the appointment of the members.

Part 1 makes general provision for overview and scrutiny provisions of a combined authority. Article 3 makes provision for the membership of the overview and scrutiny committee. Article 4 makes provision for the appointment of members to an overview and scrutiny committee and to a sub-committee of such a committee. Article 5 makes provision for the persons who may be chair of an overview and scrutiny committee.

Article 6 makes provision for dealing with references of matters to overview and scrutiny committees by members of the combined authority, including those who are not members of that overview and scrutiny committee and members of constituent and non-constituent councils, including those who are not members of the combined authority.

Article 7 imposes a duty on a combined authority to respond to reports and recommendations of overview and scrutiny committees and article 8 prevents the publication or supply of any information which contains confidential or exempt information by overview and scrutiny committees or the combined authority.

Article 9 imposes a duty on combined authorities to designate a scrutiny officer, where that authority has appointed one or more overview and scrutiny committees.

Article 10 sets out additional rights of members of overview and scrutiny committees in relation to decisions that the committee is scrutinising and provides that in certain circumstances the committee can access exempt or confidential information.

Part 3 provides for specific requirements relating to decisions which are key decisions. Article 11 sets out the meaning of key decisions to be subject to specific overview and scrutiny requirements and the publicity requirements in relation to key decisions. Articles 12 and 13 allow exceptions to these requirements.

Part 4 concerns the audit committees to be appointed by combined authorities. Article 14 provides for the membership requirements of an audit committee.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.