Explanatory note

This Order provides for the Council of the Isles of Scilly (“the Council”) to exercise the local authority power to appoint one or more committees as its overview and scrutiny committee or committees.

The Order reflects changes made by Part 5 of the Health and Social Care Act 2012 to the system of review and scrutiny of the health service (“health scrutiny”). Those changes include amendments to section 244 of the National Health Service Act 2006 to enable regulations to confer functions of health scrutiny on local authorities rather than on their overview and scrutiny committees directly. Those amendments include powers for regulations to authorise local authorities, including the Council, to arrange for their functions of health scrutiny under the regulations to be discharged by an overview and scrutiny committee of theirs.

Article 2 of the Order provides for the Council to exercise certain functions of a local authority operating a committee system. The functions are those under section 9JA(1) of the Local Government Act 2000 and certain provisions of the Local Authorities (Committee System) (England) Regulations 2012. The functions relate to the appointment of overview and scrutiny committees and sub-committees of those committees.

Article 3 revokes the Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004, which had the effect of making it a requirement for the Council to establish an overview and scrutiny committee or committees for the purpose of the review and scrutiny of matters relating to the health service.

A full Impact Assessment has not been produced for this instrument as no impact on the private sector or civil society organisations is foreseen.