Local Government Bill [H.L.] - continued        House of Lords
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
Provisions with respect to executive arrangements - continued

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Discharge of functions: mayor and council manager executive.     14. - (1) Subject to any provision made under section 16, 17 or 18, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
 
      (2) The executive-
 
 
    (a) may discharge any of those functions, or
 
    (b) may arrange for the discharge of any of those functions-
 
      (i) by the council manager, or
 
      (ii) by an officer of the authority.
      (3) Where by virtue of this section any functions may be discharged by the council manager of a local authority, the council manager may arrange for the discharge of any of those functions by an officer of the authority.
 
      (4) Any arrangements made by virtue of this section by an executive or council manager for the discharge of any functions by a council manager or officer are not to prevent the executive or council manager by whom the arrangements are made from exercising those functions.
 
Discharge of functions: s. 10(5) executive.     15. - (1) The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 10(5) are to be discharged.
 
      (2) The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 12, 13 or 14.
 
      (3) Nothing in subsection (2) affects the generality of the power under subsection (1).
 
      (4) Any provision made by regulations under this section is subject to any provision made under section 16, 17 or 18.
 
Discharge of functions by area committees.     16. - (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 the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
 
      (2) Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
 
      (3) In this section-
 
 
    "area committee", in relation to a local authority, means a committee of the authority which has functions in respect of part of the area of the authority and which satisfies such other conditions as may be specified,
 
    "specified" means specified in regulations under this section.
Discharge of functions of and by another local authority.     17. - (1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive-
 
 
    (a) by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
 
    (b) by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
      (2) The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
 
      (3) The reference in subsection (2) to the functions of a local authority, in a case where the authority is operating executive 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 include provision-
 
 
    (a) requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,
 
    (b) which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,
 
    (c) which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.
      (5) The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
 
      (6) The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 12(3) to (6), 13(5) to (9) or 14(3) and (4).
 
      (7) Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
 
      (8) In this section "specified" means specified in regulations under this section.
 
Joint exercise of functions.     18. - (1) The Secretary of State may by regulations make provision for or in connection 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 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) the 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 authority under section 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 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 102(1)(b), (2) or (3) of that Act, 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 with 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 specified member of the executive.
      (3) Nothing in subsection (2) affects the generality of the power under subsection (1).
 
      (4) In this section "specified" means specified in regulations under this section.
 
Overview and scrutiny committees.     19. - (1) Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).
 
      (2) Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their 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) to 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 not 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 and recommendations to the authority or the executive on matters which affect the authority's area or their inhabitants.
      (3) The power of an overview and scrutiny committee under subsection (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 relates to the decision, to be exercised by the authority.
      (4) An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section.
 
      (5) 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 such sub-committee.
      (6) Executive arrangements by a local authority must include provision which enables-
 
 
    (a) any member of an overview and scrutiny committee of the authority to ensure that any matter which is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and
 
    (b) any member of a sub-committee of such a committee to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.
      (7) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority's executive.
 
      (8) 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, but (subject to any provision made by or under paragraphs 6 to 8 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.
 
      (9) An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated-
 
 
    (a) as a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
 
    (b) as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
      (10) An overview and scrutiny committee of a local authority-
 
 
    (a) may require members of the executive, and officers of the authority, to attend before it to answer questions, and
 
    (b) may invite other persons to attend meetings of the committee.
      (11) It is the duty of any member or officer mentioned in subsection (10)(a) to comply with any requirement so mentioned.
 
 
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