# Local Democracy, Economic Development and Construction Act 2009, Paragraph 2


(1) An overview and scrutiny committee of a combined authority—
(a) may appoint one or more sub-committees, and
(b) may arrange for the discharge of any of its functions by any such sub-committee.
(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).
(3) An overview and scrutiny committee of a combined authority may not include a member of the authority (including, in the case of a mayoral combined authority, the mayor for the authority's area or deputy mayor).
(4) An overview and scrutiny committee of a combined authority is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).
(5) Subsections (2) to (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a combined authority as they apply to a committee appointed under that section.
(6) An overview and scrutiny committee of a combined authority—
(a) may require the members or officers of the authority to attend before it to answer questions (including, in the case of a mayoral combined authority, the mayor for the authority's area and deputy mayor), and
(b) may invite other persons to attend meetings of the committee.
(7) A person on whom a requirement is imposed under sub-paragraph (6)(a) is required to comply with the requirement.
(8) A person is not obliged by sub-paragraph (6) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
(9) In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a combined authority must have regard to any guidance for the time being issued by the Secretary of State.
(10) Guidance under sub-paragraph (9) may make different provision for different cases or for different descriptions of committee.
(11) In sub-paragraphs (3) to (9) references to an overview and scrutiny committee of a combined authority include references to any sub-committee of such a committee.

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Source: https://www.legislation.gov.uk/ukpga/2009/20/schedule/5A/paragraph/2 (the official version)
Page: https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009/schedule-5A/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.