Localism Bill (HL Bill 100)

Localism BillPage 240

to be the responsibility of such an executive to that or any particular
extent.

(7) A function of a local authority may, by virtue of this section, be the
responsibility of an executive of the authority to any extent
5notwithstanding that section 101 of the Local Government Act 1972,
or any provision of that section, does not apply to that function.

(8) Any reference in this section to a function specified in regulations
includes a reference to a function of a description specified in
regulations.

(9) 10In this section—

  • “action” in relation to any function includes any action (of
    whatever nature and whether or not separately identified by
    any enactment) involving—

    (a)

    the taking of any step in the course of, or otherwise for
    15the purposes of or in connection with, the discharge
    of the function,

    (b)

    the doing of anything incidental or conducive to the
    discharge of the function, or

    (c)

    the doing of anything expedient in connection with
    20the discharge of the function or any action falling
    within paragraph (a) or (b),

  • “function” means a function of any nature, whether conferred
    or otherwise arising before, on or after the passing of this Act.

9DA Functions of an executive: further provision

(1) 25Any reference in the following provisions of this Chapter to any
functions which are, or are not, the responsibility of an executive of
a local authority under executive arrangements is a reference to the
functions of the authority to the extent to which they are or (as the
case may be) are not, by virtue of section 9D, the responsibility of the
30executive under such arrangements.

(2) Any function which is the responsibility of an executive of a local
authority under executive arrangements—

(a) is to be regarded as exercisable by the executive on behalf of
the authority, and

(b) 35may be discharged only in accordance with any provisions
made by or under this Part or section 236 of the Local
Government and Public Involvement in Health Act 2007
(exercise of functions by local councillors in England) which
apply to the discharge of any such function by that form of
40executive.

(3) Accordingly, any function which is the responsibility of an executive
of a local authority under executive arrangements—

(a) may not be discharged by the authority,

(b) is not to be a function to which section 101(1) of the Local
45Government Act 1972 applies, and

(c) may be the subject of arrangements made under section
101(5) of that Act only if permitted by any provision made
under section 9EB.

Localism BillPage 241

(4) Subject to any provision made under subsection (5), any function of
a local authority that operates executive arrangements which, under
those arrangements, is not the responsibility of the executive of the
local authority is to be discharged in any way which would be
5permitted or required apart from the provisions made by or under
this Chapter.

(5) The Secretary of State may by regulations make provision with
respect to the discharge of any function of a local authority that
operates executive arrangements which, under those arrangements,
10is not the responsibility of the executive of the local authority
(including provision disapplying section 101 of the Local
Government Act 1972 or any provision of that section).

(6) In this section “function” has the same meaning as in section 9D.

Discharge of functions
9E 15Discharge of functions: general

(1) Subject to any provision made under section 9EA or 9EB, any
functions which, under executive arrangements, are the
responsibility of—

(a) a mayor and cabinet executive, or

(b) 20a leader and cabinet executive (England),

are to be discharged in accordance with this section.

(2) The senior executive member—

(a) may discharge any of those functions, or

(b) may arrange for the discharge of any of those functions—

(i) 25by the executive,

(ii) by another member of the executive,

(iii) by a committee of the executive,

(iv) by an area committee, or

(v) by an officer of the authority.

(3) 30Where by virtue of this section any functions may be discharged by
a local authority executive, then, unless the senior executive member
otherwise directs, the executive may arrange for the discharge of any
of those functions—

(a) by a committee of the executive,

(b) 35by an area committee, or

(c) by an officer of the authority.

(4) Where by virtue of this section any functions may be discharged by
a member of a local authority executive, then, unless the senior
executive member otherwise directs, the member who may
40discharge the functions may arrange for the discharge of any of those
functions—

(a) by an area committee, or

(b) by an officer of the authority.

(5) Where by virtue of this section any functions may be discharged by
45a committee of a local authority executive, then, unless the senior

Localism BillPage 242

executive member otherwise directs, the committee may arrange for
the discharge of any of those functions—

(a) by an area committee, or

(b) by an officer of the authority.

(6) 5Where by virtue of this section any functions may be discharged by
an area committee, then, unless the senior executive member
otherwise directs, the committee may arrange for the discharge of
any of those functions by an officer of the authority.

(7) Any arrangements made by virtue of this section by a senior
10executive member, executive, member or committee for the
discharge of any functions by an executive, member, committee or
officer are not to prevent the senior executive member, executive,
member or committee by whom the arrangements are made from
exercising those functions.

(8) 15In this section—

  • “area committee”, in relation to a local authority, means a
    committee or sub-committee of the authority which satisfies
    the conditions in subsection (9);

  • “senior executive member” means—

    (a)

    20in the case of a mayor and cabinet executive, the
    elected mayor;

    (b)

    in the case of a leader and cabinet executive
    (England), the executive leader.

(9) A committee or sub-committee of a local authority satisfies the
25conditions in this subsection if—

(a) the committee or sub-committee is established to discharge
functions in respect of part of the area of the authority, and

(b) the members of the committee or sub-committee who are
members of the authority are elected for electoral divisions or
30wards which fall wholly or partly within that part.

9EA Discharge of functions of and by another local authority

(1) The Secretary of State may by regulations make provision for or in
connection with enabling an executive of a local authority, or a
committee or specified member of such an executive, to arrange for
35the discharge of any functions which, under executive arrangements,
are the responsibility of the executive—

(a) by a relevant authority (other than the local authority), or

(b) by a relevant executive (other than an executive of the local
authority) or a committee or specified member of such an
40executive.

(2) The Secretary of State may by regulations make provision for or in
connection with enabling a relevant authority in England to arrange
for the discharge of any of its functions by a relevant executive (other
than an executive of the relevant authority) or a committee or
45specified member of such an executive.

(3) The reference in subsection (2) to the functions of a relevant authority
in England, in a case where the authority is operating executive

Localism BillPage 243

arrangements, is a reference to the functions which, under those
arrangements, are not the responsibility of the authority’s executive.

(4) Regulations under subsection (1) or (2) may, in particular, include
provision—

(a) 5requiring, in the case of arrangements for the discharge of
any functions by a relevant executive or a committee or
member of such an executive, the approval of the authority of
which the executive is part to such arrangements;

(b) which, in the case of arrangements for the discharge of any
10functions by a relevant authority, enables any of those
functions to be delegated;

(c) which, in the case of arrangements for the discharge of any
functions by a relevant executive or a committee or member
of such an executive, enables any of those functions to be
15delegated.

(5) The provision made under subsection (4)(b) may, in particular, apply
or reproduce (with or without modifications) any provisions of
section 101(2) to (4) of the Local Government Act 1972.

(6) The provision made under subsection (4)(c) may, in particular, apply
20or reproduce (with or without modifications) any provisions of
section 9E.

(7) In this section—

  • “relevant authority” means a local authority within the
    meaning of section 101 of the Local Government Act 1972;

  • 25“relevant executive” means an executive of a local authority
    under either this Part or Part 2;

  • “specified” means specified in regulations under this section.

9EB Joint exercise of functions

(1) The Secretary of State may by regulations make provision for or in
30connection with permitting arrangements under section 101(5) of the
Local Government Act 1972 where any of the functions which are the
subject of the arrangements are the responsibility of an executive of
a local authority under executive arrangements.

(2) The provision which may be made under subsection (1) includes, in
35particular, provision—

(a) as to the circumstances in which the executive, or a
committee or specified member of the executive, is to be a
party to the arrangements in place of the authority,

(b) as to the circumstances in which—

(i) 40the authority, and

(ii) the executive or a committee or specified member of
the executive,

are both to be parties to the arrangements,

(c) as to the circumstances in which any functions of the local
45authority under section 101(2) or 102(1)(b), (2) or (3) of the
Local Government Act 1972, so far as they relate to any joint
committee falling within section 101(5)(a) of that Act, are

Localism BillPage 244

instead to be exercised by the executive or a committee or
specified member of the executive,

(d) as to the circumstances in which any functions of the local
authority under section 101(2) or 102(1)(b), (2) or (3) of that
5Act, so far as they relate to any such joint committee, are to be
exercised by the authority,

(e) as to the circumstances in which appointments to any such
joint committee by the executive, or a committee or specified
member of the executive, need not be made in accordance
10with the political balance requirements,

(f) as to the persons (including officers of the authority) who
may be appointed to any such joint committee by the
executive or a committee or specified member of the
executive.

(3) 15In this section “specified” means specified in regulations under this
section.

Overview and scrutiny committees
9F Overview and scrutiny committees: functions

(1) Executive arrangements by a local authority must include provision
20for the appointment by the authority of one or more committees of
the authority (referred to in this Chapter as overview and scrutiny
committees).

(2) Executive arrangements by a local authority must ensure that its
overview and scrutiny committee has power (or its overview and
25scrutiny 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 which are
the responsibility of the executive,

(b) 30to make reports or recommendations to the authority or the
executive with respect to the discharge of any functions
which are the responsibility of the executive,

(c) to review or scrutinise decisions made, or other action taken,
in connection with the discharge of any functions which are
35not the responsibility of the executive,

(d) to make reports or recommendations to the authority or the
executive with respect to the discharge of any functions
which are not the responsibility of the executive,

(e) to make reports or recommendations to the authority or the
40executive on matters which affect the authority’s area or the
inhabitants of that area,

(f) in the case of the overview and scrutiny committee, or
committees, of an authority to which section 244 of the
National Health Service Act 2006 applies—

(i) 45to review and scrutinise, in accordance with
regulations under that section, matters relating to the
health service (within the meaning given by that Act
as extended by that section) in the authority’s area,
and

Localism BillPage 245

(ii) to make reports and recommendations on such
matters in accordance with the regulations.

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

(a) 5a joint overview and scrutiny committee within the meaning
given by subsection (2)(a) of section 245 of the National
Health Service Act 2006 appointed by the authority
concerned and one or more other local authorities,

(b) an overview and scrutiny committee of another local
10authority exercising relevant functions (within the meaning
given by subsection (1) of that section) of the authority
concerned by virtue of arrangements made under regulations
under subsection (2)(b) of that section, or

(c) a joint overview and scrutiny committee within the meaning
15of section 123 of the Local Government and Public
Involvement in Health Act 2007 (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 subsection
20(2)(a) to review or scrutinise a decision made but not 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 subsection (2)(a), so far as it
25relates to the decision, to be exercised by the authority.

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

(a) its functions under this section and sections 9FA to 9FI, or

(b) its functions under section 19 of the Police and Justice Act
302006 (local authority scrutiny of crime and disorder matters).

9FA Overview and scrutiny committees: supplementary provision

(1) An overview and scrutiny committee of a local authority—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any
35such sub-committee.

(2) A sub-committee of an overview and scrutiny committee may not
discharge any functions other than those conferred on it under
subsection (1)(b).

(3) An overview and scrutiny committee of a local authority, or a sub-
40committee of such a committee, may not include any member of the
authority’s executive.

(4) An overview and scrutiny committee of a local authority, or any sub-
committee of such a committee, may include persons who are not
members of the authority.

(5) 45Subject to any provision made by or under paragraphs 6 to 8 of
Schedule A1 and to section 20(6) of the Police and Justice Act 2006,
any persons who are not members of the local authority are not
entitled to vote at any meeting of its overview and scrutiny

Localism BillPage 246

committee, or any sub-committee of such a committee, on any
question which falls to be decided at that meeting, unless permitted
to do so under paragraphs 11 and 12 of that Schedule.

(6) An overview and scrutiny committee of a local authority, or a sub-
5committee of such a committee, is to be treated—

(a) 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), and

(b) 10as a body to which section 15 of the Local Government and
Housing Act 1989 (duty to allocate seats to political groups)
applies.

(7) Subsections (2) and (5) of section 102 of the Local Government Act
1972 apply to an overview and scrutiny committee of a local
15authority, or a sub-committee of such a committee, as they apply to
a committee appointed under that section.

(8) An overview and scrutiny committee of a local authority or a sub-
committee of such a committee—

(a) may require members of the executive, and officers of the
20authority, to attend before it to answer questions,

(b) may require any other member of the authority to attend
before it to answer questions relating to any function which
is exercisable by the member by virtue of section 236 of the
Local Government and Public Involvement in Health Act
252007 (exercise of functions by local councillors in England),
and

(c) may invite other persons to attend meetings of the
committee.

(9) It is the duty of any member or officer mentioned in paragraph (a) or
30(b) of subsection (8) to comply with any requirement mentioned in
that paragraph.

(10) A person is not obliged by subsection (9) 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.

(11) 35In exercising, or deciding whether to exercise, any of its functions an
overview and scrutiny committee of a local authority, or a sub-
committee of such a committee, must have regard to any guidance
for the time being issued by the Secretary of State.

(12) Guidance under subsection (11) may make different provision for
40different cases or for different descriptions of committee or sub-
committee.

9FB Scrutiny officers

(1) Subject as follows, a local authority must designate one of its officers
to discharge the functions in subsection (2).

(2) 45Those functions are—

(a) to promote the role of the authority’s overview and scrutiny
committee or committees,

Localism BillPage 247

(b) to provide support to the authority’s overview and scrutiny
committee or committees and the members of that committee
or those committees,

(c) to provide support and guidance to—

(i) 5members of the authority,

(ii) members of the executive of the authority, and

(iii) officers of the authority,

in relation to the functions of the authority’s overview and
scrutiny committee or committees.

(3) 10An officer designated by a local authority under this section is to be
known as the authority’s “scrutiny officer”.

(4) A local authority may not designate any of the following under this
section—

(a) the head of the authority’s paid service designated under
15section 4 of the Local Government and Housing Act 1989;

(b) the authority’s monitoring officer designated under section 5
of that Act;

(c) the authority’s chief finance officer, within the meaning of
that section.

(5) 20The duty in subsection (1) does not apply to a district council for an
area for which there is a county council.

(6) In this section, references to an overview and scrutiny committee
include any sub-committee of that committee.

9FC Reference of matters to overview and scrutiny committee etc

(1) 25Executive arrangements by a local authority must include provision
which—

(a) enables any member of an overview and scrutiny committee
of the authority to refer to the committee any matter which is
relevant to the functions of the committee,

(b) 30enables any member of a sub-committee of such a committee
to refer to the sub-committee any matter which is relevant to
the functions of the sub-committee, and

(c) enables any member of the authority to refer to an overview
and scrutiny committee of the authority of which the member
35of the authority is not a member any matter which is relevant
to the functions of the committee and is not an excluded
matter.

(2) For the purposes of subsection (1), provision enables a person to refer
a matter to a committee or sub-committee if it enables the person to
40ensure that the matter is included in the agenda for, and discussed
at, a meeting of the committee or sub-committee.

(3) In considering whether to exercise the power which a member of an
authority has by virtue of subsection (1)(c) in any case, the member
must have regard to any guidance for the time being issued by the
45Secretary of State.

(4) Guidance under subsection (3) may make different provision for
different cases.

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(5) In subsection (1)(c), “excluded matter” means any matter which is—

(a) a local crime and disorder matter within the meaning of
section 19 of the Police and Justice Act 2006 (local authority
scrutiny of crime and disorder matters), or

(b) 5a matter of any description specified in an order made by the
Secretary of State for the purposes of this section.

9FD Dealing with references under section 9FC(1)(c)

(1) This section applies where a matter is referred to an overview and
scrutiny committee by a member of a local authority in accordance
10with provision made pursuant to section 9FC(1)(c).

(2) In considering whether or not to exercise any of its powers under
section 9F(2) in relation to the matter, the committee may have
regard to—

(a) any powers which the member may exercise in relation to the
15matter by virtue of section 236 of the Local Government and
Public Involvement in Health Act 2007 (exercise of functions
by local councillors in England), and

(b) any representations made by the member as to why it would
be appropriate for the committee to exercise any of its powers
20under section 9F(2) in relation to the matter.

(3) If the committee decides not to exercise any of those powers in
relation to the matter, it must notify the member of—

(a) its decision, and

(b) the reasons for it.

(4) 25The committee must provide the member with a copy of any report
or recommendations which it makes to the authority or the executive
under section 9F(2) in relation to the matter.

(5) Subsection (4) is subject to section 9FG (confidential and exempt
information).

9FE 30Duty of authority or executive to respond to overview and scrutiny
committee

(1) This section applies where an overview and scrutiny committee of a
local authority makes a report or recommendations to the authority
or the executive, otherwise than—

(a) 35by virtue of subsection (1)(b) of section 19 of the Police and
Justice Act 2006 (local authority scrutiny of crime and
disorder matters), or

(b) by virtue of subsection (3)(a) of that section.

(2) The overview and scrutiny committee may publish the report or
40recommendations.

(3) The overview and scrutiny committee must by notice in writing
require the authority or executive—

(a) to consider the report or recommendations,

(b) to respond to the overview and scrutiny committee
45indicating what (if any) action the authority, or the executive,
proposes to take,

Localism BillPage 249

(c) if the overview and scrutiny committee has published the
report or recommendations under subsection (2), to publish
the response, and

(d) if the overview and scrutiny committee provided a copy of
5the report or recommendations to a member of the authority
under section 9FD(4), to provide the member with a copy of
the response.

(4) The notice served under subsection (3) must require the authority or
executive to comply with it within two months beginning with the
10date on which the authority or executive received the report or
recommendations or (if later) the notice.

(5) It is the duty of an authority or executive to which a notice is given
under subsection (3) to comply with the requirements specified in
the notice.

(6) 15Subsections (2) and (5) are subject to section 9FG and to any
provision made under section 9GA(8) (confidential and exempt
information).

(7) In this section—

(a) references to an overview and scrutiny committee include
20references to a sub-committee of such a committee;

(b) references to “the authority” or “the executive”, in relation to
an overview and scrutiny committee, or a sub-committee of
such a committee, are to the authority by which the overview
and scrutiny committee is established or to the executive of
25that authority.

9FF Reports and recommendations of overview and scrutiny committees:
duties of certain partner authorities

(1) This section applies where—

(a) a relevant committee makes a report or recommendations to
30the authority or the executive, otherwise than—

(i) by virtue of subsection (1)(b) of section 19 of the Police
and Justice Act 2006 (local authority scrutiny of crime
and disorder matters), or

(ii) by virtue of subsection (3)(a) of that section, and

(b) 35the report or any of the recommendations relates to functions
of a relevant partner authority so far as exercisable in relation
to—

(i) the authority’s area, or

(ii) the inhabitants of that area.

(2) 40The relevant committee may by notice in writing to the relevant
partner authority require the relevant partner authority to have
regard to the report or recommendation in question in exercising its
functions.

(3) A notice under subsection (2) must be accompanied by a copy of the
45report or recommendations.

(4) It is the duty of a relevant partner authority to which a notice is given
under subsection (2) to comply with the requirement specified in the
notice.