Explanatory note

Section 9FC(1)(c) of the Local Government Act 2000 (inserted by section 21 of, and Schedule 2 to, the Localism Act 2011) requires the executive arrangements of a local authority in England to include provision enabling those of its members who are not members of the overview and scrutiny committee to refer to that committee any matter relevant to the committee’s functions, which is not an excluded matter.

Section 9FC(5) defines “excluded matter” as a matter which is a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 or a matter of any description specified in an order made by the Secretary of State for the purposes of section 9FC.

This Order specifies descriptions of matters that are excluded matters for the purposes of section 9FC and therefore cannot be referred to an overview and scrutiny committee by a member of the authority who is not also a member of the committee (article 3).

Article 4 provides that a matter which consists of an allegation of systemic failure of an authority to discharge a function for which the authority is responsible may be referred to an overview and scrutiny committee, notwithstanding the fact that the allegation specifies matters which would otherwise be excluded by virtue of article 3.

A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.