Regulation 4 Overview and scrutiny committeesI1

England and Wales

(1)

Parts 3 to 5 apply where a local authority resolves to appoint one or more committees as the authority’s overview and scrutiny committee or, as the case may be, committees under section 9JA of the 2000 Act.

(2)

The local authority must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees, and any joint overview and scrutiny committees, have power between them)—

(a)

to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions of the authority;

(b)

to make reports or recommendations to—

(i)

the local authority;

(ii)

any committee or sub-committee of the local authority;

(iii)

any officer of the authority; or

(iv)

any joint committee on which the local authority is represented or any sub-committee of such a committee,

with respect to the discharge of any functions of the local authority; and

(c)

to make reports or recommendations to—

(i)

the local authority;

(ii)

any committee or sub-committee of the local authority;

(iii)

any officer of the authority; or

(iv)

any joint committee on which the local authority is represented or any sub-committee of such a committee,

on matters which affect the authority’s area or the inhabitants of that area.

(3)

In paragraph (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

a joint overview and scrutiny committee within the meaning of section 123 of the 2007 Act^f1 (joint overview and scrutiny committees) appointed by two or more local authorities including the authority concerned.

(4)

The power of an overview and scrutiny committee under paragraph (2)(a) to review or scrutinise a decision made but not yet implemented includes power—

(a)

to recommend that the decision be reconsidered by the person who made it; or

(b)

to arrange for its function under paragraph (2)(a), so far as it relates to the decision, to be exercised by the authority.

F3(5)

An overview and scrutiny committee of a local authority may not discharge any functions other than—

(a)

its functions under this Part,

(b)

its functions under section 19 of the 2006 Act (local authority scrutiny of crime and disorder matters), or

(c)

any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).

Annotations

Textual amendments

F1: Reg. 4(3)(a) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 172(2)(a)(i)
F2: Reg. 4(3)(b) and word omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 172(2)(a)(ii)
F3: Reg. 4(5) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 172(2)(b)

Commencement

I1: Reg. 4 in force at 4.5.2012, see reg. 1

Footnotes

f1: Section 123 was substituted by section 32(1) of the Local Democracy, Economic Development and Construction Act 2009.