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Pulling it all togetherA guide to legislation covering scrutiny

and governance in English local governmentfocus

Pulling it all togetherA guide to legislation covering scrutiny and governance in English local government

Issue 3 –2017

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Introduction

This is the third edition of our guide pulling together legislation relating to local authority governance – with a particular focus on the operation of overview and scrutiny arrangements.

The guide is a piece of technical guidance for officers providing support to the scrutiny function in local authorities. It is intended to complement rather than replace support provided by Monitoring Officers.

Legislation should be seen as an enabling framework rather than a narrow menu for compliance. Statute only takes us so far - local activity depends on councillors determining what is important to their communities. Having a coherent and comprehensive understanding of this legislative framework allows scrutiny councillors, and the officers who support them, to ensure they use all the powers available to them to help make improvements to local services.

Acknowledgements

Significant thanks are owed to staff at Coventry City Council who very kindly reviewed an early draft of this document. Any errors are those of CfPS.

Contact

Ed Hammond, Director of Research and Campaigns 020 3866 5109 [email protected]

IMPORTANT NOTE

Our intention has been to reflect the state of the law in England as it stood in October 2017. Although every attempt has been made to ensure its accuracy we can make no guarantees. As such, this document should not be relied upon as giving legal advice, and officers and members in individual authorities are advised to contact their Monitoring Officer for further advice on specific provisions.

This guide does not cover the operation of overview and scrutiny or local authority governance in Wales, Scotland or Northern Ireland.

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Guide to abbreviations 4

Line by line detail 5

We have divided the material into several sections:

• Governance basics –

the legislation setting out how councils are run; 5

• Scrutiny in local government; 13

• Scrutiny in combined authorities; 24

• Scrutiny carried out by Police and Crime Panels; 28

Index 32

CONTENTS

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LGA 1972 Local Government Act 1972

LGH 1989 Local Government and Housing Act 1989

LGA 2000 Local Government Act 2000

NHSA 2006 National Health Service Act 2006

PJA 2006 Police and Justice Act 2006

LGPIH 2007 Local Government and Public Involvement in Health Act 2007

LD 2009 Local Democracy, Economic Development and Construction Act 2009

LA 2011 Localism Act 2011

PRSR2011 Police Reform and Social Responsibility Act 2011

HSCA 2012 Health and Social Care Act 2012

LADF 2012 Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 (SI 2012/1019)

LACS 2012 Local Authorities (Committee System) (England) Regulations 2012 (SI 2012/1020)

LAR 2012 Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2012 (SI 2012/1021)

OSRC 2012 Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2012 (SI 2012/1022)

LAMA 2012 Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (SI 2012/2089)

PCPLA 2012 Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012

EPBC 2012 Elected Policing Bodies (Complaints and Misconduct) Regulations 2012

PCPC 2012 Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012

HSR 2013 Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013

CLD 2016 Cities and Local Government Devolution Act 2016

CAOS 2017 Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017

GUIDE TO ABBREVIATIONS

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Much of the basic legislative information about how councils should be run can be found in the Local Government Acts 1972 and 2000.

Key officer posts

Political restriction

Standards

LGA1972 151 Designation of director of finance

LGH1989 4 Designation of head of paid service

LGH1989 5 Designation of monitoring officer

Act Section Description

LGH1989 1 Disqualifies members of authorities from holding politically restricted posts at that, or any other, British authority.

LGH1989 2 Defines politically restricted posts. Includes certain chief officers, those providing support and advice to committees of the council and those who regularly speak on the authority’s behalf to journalists.

LGA1972 85(1) Covers disqualification of members who fail to attend meetings for six months.

LA2011 25 Prior indications of view o f a matter will not necessarily amount to predetermination (eg for planning and licensing decisions).

LA2011 26, 27, 28

Requires local authorities to put in place a standards regime, including a code of conduct highlighting the principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

28(4) – standards problems do not necessarily invalidate decisions made which may link closely to those problems.

S28(6) – there must be arrangements under which allegations can investigated, and decisions on those allegations can be made.

S28(7) –The views of at least one independent person, appointed by the authority must be sought before a decision on a standards matter is made. (Independence is defined in subs 8)

GOVERNANCE BASICS

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LA2011 29 Register of interests.

LA2011 30 / 31 Deal with pecuniary interests in items of business at meetings, and the need to declare them where they are not entered in the register of interests.

LA2011 Sch 4 More detail on codes of conduct.

Organising committees (including political proportionality)

LGH1989 15 Subs 5 requires that the provision of seats on committees be in proportion to the political parties in the authority as a whole (but not all the seats on any body can be allocated to a single political group)

LGH1989 17(1)(b) Authorities may dispense with the requirements of political balance if there nobody objects when the matter is voted on at full council.

LGA2000 9GC Cabinets, or cabinet committees, are not bodies to which political proportionality applies.

LGA 1972 102 Permits the establishment of joint committees of more than one authority, as well as ordinary council committees.

Subs 2 – number of members on committees to be fixed by the appointing authorities. Subs 3 – joint cttes may include co-optees Subs 4 – provision for joint executive committees. Subs 5 – members who lose their seat in elections also lose their seat on a committee.

(Police and Crime Panels, and the OSCs of combined authorities, are not “joint committees” for the purposes of this section and are dealt with separately).

LGA 1972 103 Joint committees: expenses to be decided as agreed by the authorities.

LGA 1972 106 Joint committees: standing orders to be decided by the authorities – although, subject to standing orders, meeting arrangements are at the discretion of the committee.

LGA1972 Sch 12, 1 Annual meetings for principal councils to be held in March, April or May (specific provisions apply in election years). ss2-4 make additional provision for full council.

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Governance arrangements, including moving from one governance system to another

LGA2000 9B Subs 1 sets out the three main governance options for local authorities – exec arrangements, committee system or “prescribed arrangements”

Subs 2 sets out that authorities operating under exec arrangements must conform with the provisions set out in Chapter 2 (see below, and see also relevant regulations)

Subs 3 sets out that committee system authorities must comply with the terms of Chapter 3 (and see also relevant regulations)

Subs 4 defines the meaning of “exec arrangements” and “committee system”.

LGA2000 9BA Gives the Secretary of State the power to make regulations around prescribing different governance arrangements.

LGA2000 9K – 9KB Permits changes to governance arrangements, including varying executive arrangements

LGA2000 9KC Subs 1 requires a resolution of local authority to make a change in governance arrangements.

Subs 4 limits local authorities to not changing their arrangements for 5 years following a previous change, unless it is a s9KB change or unless there is a referendum.

LGA2000 9L(4-6) Provides for a “relevant change time” for altering governance arrangements.

LGA2000 9M Deals with referendums. Changes in governance under 9K or 9KA are subject to referendums.

LA2011 24 Timetables for changing electoral schemes in shire districts. Amends provisions in the 2007 and 2009 Act about moving to and from election by thirds or halves and all-out elections .

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LGA2000 9C Subs 2 defines mayoral arrangements, consisting of an elected mayor with two or more councillors appointed to the executive by the mayor.

Subs 3 defines leader-cabinet arrangements as a councillor elected as leader of the executive by the authority with two or more councillors appointed to the executive by the executive leader.

Subs 4 states that the executive may not include the chairman or vice-chairman of the authority.

Subs 5 states that cabinets must not exceed ten members (unless the Secretary of State specifies otherwise in regs)

Subs 6 states that the function of electing a leader cannot be discharged by any body other than the full Council. Arrangements for delegating the discharge of certain council functions are otherwise dealt with in section 101 of the Local Government Act 1972 (see above).

LGA2000 9I and 9IA

Councils may specific the term of office of the leader. Councils must make provision in the constitution for the leader to be removed by resolution.

Executive arrangements

Discharge of functions by different bodies

LGA2000 9D Authorities operating under executive arrangements are responsible for any function of the council, other than those specified in regulations.

LGA2000 9E, 9EA These sections also relate to the discharge of functions. Regulations have been issued further to some of these provisions. The sections, taken together, provides for different circumstances in which functions of an authority may be delivered by area committees, individual members or by another authority (subject to the approval of the mayor or leader). In particular, delegation of powers to area committees allows those committees to exercise various powers to make decisions, and to delegate to officers, without the approval of the council’s executive (once the initial decision to discharge functions in this way has been agreed).

LGA2000 9EB Provides a framework for the agreement of joint exercise of local authority functions, further to the provisions in section 101 of the LGA 1972 (referring to joint decision-making). The section makes provision for regulations on this matter.

LADF2012 5 Provision for the discharge of an executive’s functions (under executive arrangements) by another authority or another executive

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Key decisions

Executive decision-making more generally

LAMA2012 8 Defines key decisions as ones incurring significant expenditure or having an effect on people living/working in an area covering two or more wards

LAMA2012 9 Information is required to be published in relation to each key decision (in effect, a Forward Plan, although the words are not used)

LAMA2012 10-11 Urgency arrangements

LAMA2012 18 Challenge process for items not made under key decision arrangements, where an OSC thinks that issue should have been classified as a key decision

LAMA2012 12-14 Written statements are required to be produced setting out details of executive decisions, once made by the executive, either individually or collectively. These documents must subsequently be available for inspection along with any report considered at the meeting or by an individual involved in decision-making.

LAMA2012 15 Covers inspection of background papers

LAMA2012 19 At least annually the leader or mayor has to set out a report summarising all executive decisions made (not only key decisions)

LADF2012 7 Those functions will be regarded as belonging to the executive of the other authority (which is relevant for the scrutiny of such shared or transferred functions)

LADF2012 8 Normal rules of delegation apply to such functions

LADF2012 10 Variation of joint arrangements can be made, where all other parties are informed of those plans

LADF2012 11 Joint arrangements may be discharged by a joint committee.

LGA2000 9J Regulations may be enacted to deal with the discharge and delegation of functions. Non delegable activities must be carried out “by the local authority” (ie at full council).

LGPIH2007 236 Arrangements can be made to permit a single member to discharge any function of the authority.

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LAMA2012 18 Challenge process for items not made under key decision arrangements, where an OSC thinks that issue should have been classified as a key decision

Rights of access to meetings and information (including the rights of access of scrutiny members)


Public access to meetings

LGA1972 100(1) Meetings will be open to the public

LGA1972 100A Identifies the circumstances in which the public can be excluded from meetings.

Subs 4 requires a resolution to be made to exclude at the meeting.

Subs 5 requires that this be justified with reference to Schedule 12A of the Act (below).

Subs 6(a) states the requirement that public notice of meetings needs to be given five clear working days in advance (see also Local Government (Access to Meetings and Documents) (Period of Notice) Order 2002 (SI2002/715))

LGA2000 9G Subs 1 states that exec meetings may be held in public or in private. Where they are held in private a written record must be kept of decisions made under

Subs 3. A written record of cabinet member decisions must be kept under subs 4.

LAMA2012 3-4 Confirms public access to meetings of the exec unless confidential or exempt information would be disclosed, and only then by resolution covering the specific part of the meeting to which that set of circumstances applies

LAMA2012 5 Private meetings. Where a private executive meeting is proposed to be held notice must be given 28 clear days in advance. Amongst other requirements, agreement of the relevant OSC’s chair must be given.

LAMA2012 6 Five clear days notice is required before public meetings

LAMA2012 7 Covers access to the agenda and connected reports.

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LGA 1972 100B Deals with access to the agenda and reports.

Subs 2 allows the proper officer to exclude certain papers where he feels that the relevant part of the meeting will not be open to the public. Under Subs 5, where this happens the report must be clearly marked “not for publication” and a reason given for exclusion under Schedule 12A.

Subs 3 and 4 deal with the requirement for reports to be on public deposit for five clear days, other than where the meeting is convened at shorter notice or the report is not available until later. An item may not be considered if it not on the agenda unless there is a reason for urgency.

LGA 1972 100C Subs 1 requires papers (agenda, reports, minutes) to be available at the council offices for six years after the date of the meeting.

Subs 2 requires that, where part of a meeting was held which excluded the public, a “summary” of the discussion should be provided which does not disclose the exempt information if the minutes do not give a fair and coherent account.

LGA 1972 100D Requires background papers to be made available (where relied on in drafting the report) for 4 years

LGA 1972 100EA Requires information to be made available relating to the exercise by members of delegated powers under s236, LGPIH 2007.

LGA 1972 100F Provides additional access rights for certain council papers which are exempt from publication for Members.

The “Schedule 12A” exemptions

LGA1972 Sch 12A, 1

Exempt information: information relating to any individual

LGA1972 Sch 12A, 2

Exempt information: information which is likely to reveal the identity of an individual

LGA1972 Sch 12A, 3

Exempt information: information relating to the financial or business affairs of any particular person (including the authority holding at information, except where that info is required to be published by another Act)

LGA1972 Sch 12A, 4

Exempt information: “information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority of a Minister of the Crown and employees of, or office holders under, the authority” (ie employment negotiations)

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LGA1972 Sch 12A, 5

Exempt information: “information in respect of which a claim to legal professional privilege could be maintained in legal proceedings” (ie, legal advice)

LGA1972 Sch 12A, 6

Exempt information: proposals to impose requirements on a person or the making of orders and directions.

LGA1972 Sch 12A, 7

Exempt information: “information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime” (NB further to guidance/regs, this covers operational activity only)

LGA1972 Sch 12A, 10

Makes clear that the exemptions are qualified, not absolute – the public interest in maintaining the exemption must outweigh the public interest in disclosing. “Public interest” is defined by regs and guidance pursuant to the FOIA 2000.

LGA2000 9FG Detailed provisions on publication of confidential and exempt information. It requires reports from scrutiny, and responses to scrutiny from the executive, to exclude confidential information (under s100A(3) of the 1972 Act). Exempt information “may” be excluded. Under subs 4 there is a requirement to replace any exempt information which is omitted with a summary, where otherwise the report would not be understandable.

LGA2000 9GA Gives power to make further regs on the subject of access to information, and access to meetings, by the public.

Councillors’ rights of access to information

LAMA2012 16 All councillors have general information rights, set out here. These include rights to see information relating to contractual negotiations

LAMA2012 17 Entitles OSC members to see any document that relates to an issue under scrutiny at the time, or on the work programme

LAMA2012 22 Creates an offence of preventing people entitled, under these Regulations, to have access to information from having it

NHS2006 246 Exempt information – any information covered in Schedule 17 of the NHS Act 2006 should not be provided to OSCs.

NHS2006 Sch 17 Exempt information broadly covers info that would otherwise be covered by the DPA 1998, as well as information relating to certain NHS contracts.

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Scrutiny basics

Most relevant information about roles, powers and responsibilities for scrutiny at local and combined authority level can be found in the Local Government Act 2000 – many subsequent changes brought in which have changed scrutiny’s remit and powers have done so as amendments to the 2000 Act.

The following primary legislation, and associated secondary legislation, contains information relating to scrutiny’s powers – generally, and specific to certain sectors:

Local Government Act 1972 (which sets out the mechanics of how council committees are run)

Local Government Act 2000 (which sets out the powers and roles of scrutiny in local authorities)

National Health Service Act 2006 (which contains provisions on health scrutiny)

Police and Justice Act 2006 (which sets out the role of scrutiny in respect of community safety issues)

Local Democracy, Economic Development and Construction Act 2009 (which sets out governance issues relating to combined authorities).

It should be noted that almost all of the provisions relating to scrutiny in legislation refer to “overview and scrutiny committees”, with activity undertaken at these formal bodies being quite closely prescribed in terms of procedure. However, much scrutiny business in most authorities is conducted away from committees, at task and finish groups and in more informal settings. Readers should bear this in mind when reading and referencing the material in this report.

OVERVIEW AND SCRUTINY IN LOCAL GOVERNMENT

Committees, their functions and powers (relating to council business)

LGA2000 9F Subs 1 – the executive arrangements of leader-cabinet and mayoral authorities must make provision for appointment of O&S committees.

Subs 2 sets out powers and duties for overview and scrutiny committees, including the right to investigate, and make reports and recommendations on, anything which is the responsibility of the executive (see sections above on discharge of functions) or not the responsibility of the executive (non-executive functions). In this section, “discharge of functions” means the discharge of local authority functions). The subsection also, at (e), gives scrutiny the power to make recommendations on “matters which affect the authority’s area or the inhabitants of that area”. The subsection also ties in the statutory health scrutiny.

Subs 3 allows for the establishment of joint overview and scrutiny committees.

Subs 4 – call-in – an O&S committee may recommend that the executive’s decision be reconsidered, or that it be implemented.

Subs 5 – O&S committees may not exercise any functions other than those mentioned above, or those in the PJA 2006.

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LGA2000 9FA Subs 1 – power for OSC to appoint sub-committees and arrange for those sub-committees to discharge any of its functions.

Subs 2 limits the sub committee’s powers to those conferred on it by subs 1.

Subs 3 – OSCs may not have any exec members on them.

Subs 4 and 5 – OSCs may co-opt members from outside the authority (usually as non-voting members) –

Subs 6 – OSCs are local government committees under LGA 1972 and must be politically proportionate in line with LGA 1989.

Subs 7 – OSCs may be established as joint committees.

Subs 8 – attendance to answer questions (members of the executive and officers may be required – this confers a duty under subs 9 - to attend); any other member may attend to answer questions relating to an s236 LGA 2007 function; others may be “invited” to attend. Subs 11 – general guidance-making powers for SoS.

LGA2000 9FB County and unitary authorities must designate a scrutiny officer, to promote the role of O&S, support OSCs, and to provide advice to officers and members about OSCs. Subs 4 states that this person may not be the head of paid service, the monitoring officer or the s151 officer.

LGA2000 9FD Where a member of the authority (not a member of the committee) requests something to go on a committee agenda, the committee does not have to grant the request. If it doesn’t it must give the member its decision, and the reasons for it.

LGA2000 9FE Responses to OSCs – where an OSC publishes a report/recommendations under subs 2 it must (subs 3) require the authority or executive to consider, and respond to, recommendations indicating what if any action the authority or executive proposes to take. This response should be published within (subs 4) two months.

LAR2012 Pt 3 Where a response is provided by the executive, it must comply with the standard Schedule 12A rules around exempt information and the standard provisions around confidential information.

LAR2012 Pt 3 Where a response is provided by the executive, it must comply with the standard Schedule 12A rules around exempt information and the standard provisions around confidential information.

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The Councillor Call for Action

LGA2000 9FC Exec arrangements must make provision to allow any member of an OSC to refer to the cttee/sub-ctte any matter with is relevant to its function. Must also allow any member of the authority to refer any matter relevant to the functions of the committee if it is not an excluded matter.

[NB – the exclusions therefore apply only to a standard CCfA, not to an instance where a committee member wants an item put on their committee’s agenda]

Subs 3 – provision for guidance (currently, the statutory guidance published in March 2009).

Subs 5- an excluded matter is a crime and disorder matter, or a matter specified by order of the SoS.

OSRC2012 3 Exclusions to CCfA: any matter relating to a planning or a licensing decision, and any matter relating to a person where that person has a right of appeal, or any matter that is “vexatious, discriminatory or not reasonable” is excluded. This is a slight change of wording from the previous regs which used “persistent” instead of “not reasonable”. For more on vexatious requests see s14, FOIA 2000.

OSRC2012 3-4 Something should not be excluded if it forms part of an “allegation” of systemic failure of the function in question. This opens up the possibility that problems with multiple planning or licensing decisions in a given area could be considered as a CCfA.

LGA1972 Sch 12A, 4

Exempt information: “information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority of a Minister of the Crown and employees of, or office holders under, the authority” (ie employment negotiations)

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Committees, their functions and powers (relating to the National Health Service)

General duties on the NHS to involve and engage

HealthWatch and health advocacy

LGPIH2007 116A Creates a duty for the Health and Wellbeing Board to draft a Joint Health and Wellbeing Strategy, further to the contents of the Joint Strategic Needs Assessment

HSR2013 Pt 2 Sets out amendments to the law with respect to the operation and composition of Health and Wellbeing Boards. In particular, disapplies the 1989 Act requirements for political proportionality.

NHS2006 242 Duty to involve. Health trusts have a responsibility to involve local people in decisions being made.

NHS2006 244 Enabling section for further regulations (with application for counties and unitaries only). Highlights that health scrutiny powers in consequent regulations sit with local authorities, not specifically with overview and scrutiny committees. These powers relate to NHS bodies and healthcare service providers.

Subs 2ZA – 2ZC - Provides for regulations to set out the arrangements by which councils must be consulted by NHS bodies and healthcare service providers and the circumstances in which a referral may be made to the Secretary of State

Subs 2ZD – makes clear that functions described above may not be conferred on a local authority’s executive.

Subs 2ZE – regulations may provide for functions to be conferred on a local authority’s overview and scrutiny committee.

LGPIH2007 221 Sets out the role and functions of local HealthWatch organisations.

LGPIH2007 222 Makes arrangements for HealthWatch to be hosted by a local authority.

LGPIH2007 223A Requirement for local authorities to put in place and independent advocacy service on health issues.

LGPIH2007 224 & 225

“Enter and view” powers for local HealthWatch

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Health scrutiny generally (see also “Local authority health scrutiny: guidance to support local authorities and their partners to deliver effective health scrutiny” (DH, 2014)

HSCA2012 190 Scrutiny functions, amending s244 of the NHS Act 2006.

This section amends the 2006 Act to make health scrutiny the responsibility of the authority, instead of a specific OSC. It expands the scope of health scrutiny by applying it to “health service providers” as well as “NHS bodies”.

HSCA2012 191 Makes consequential amendments, particularly relating to joint scrutiny.

HSCA2012 192 Makes amendments relating to the requirement to consult over Joint Strategic Needs Assessments.

HSCA2012 193 Makes amendments, including a new section 116A to the LGPIH 2007, around joint health and well-being strategies, including responsibilities to consult.

HSR2013 21 Sets out general powers of scrutiny to look into health issues.

Regulation 21(2) and (3) – identifies HealthWatch England and local HealthWatch as “referrers”, who may provide information to a health OSC, to which it is required to respond;

HSR2013 22 Reports and recommendations. Local authorities may make recommendations to responsible people. This function may be discharged:

Regulation 22(2)-(4) - by an OSC, a joint OSC or a committee/sub-cttee of the local authority concerned.

Regulation 22(5) – by another authority, as part of a joint committee arrangements or in circumstances specified in Regulation 28, below;

Regulation 22(6) – reports and recommendations made under this section must explain the issue, summarise the evidence, provide a list of the people involved and an explanation of the recommendations;

Regulation 22(7) – when requested, responsible people must respond to recommendations within 28 days;

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HSR2013 23 Consultation on substantial development or substantial variation to local health services. Responsible people must consult on such changes.

Regulation 23(5)-(11) - Where an authority provides a response, and where the responsible person disagrees with that response, there is provision in the Regulation for discussion about the issue to try to reach agreement. Where agreement is not possible the authority may refer the issue to the Secretary of State. Referral may occur if (Regulation 23(9):

• The authority is not satisfied that consultation on any proposal has been adequate (in terms of content or time allowed); • The authority isn’t satisfied by reasons given by the responsible person for not consulting for reasons of safety or patient welfare; • The authority considers that the changes will not be in the interests of the health service in its area. • That referral must be in the form of a report which explains the issues, the authority’s attempts to reach agreement with the responsible person and any supporting information.

HSR2013 25 Sets out the circumstances which govern how the Secretary of State and/or NHS England must respond to a reference from a local authority.

HSR2013 26 Responsible people have to provide to the local authority information required by the authority to carry out its health scrutiny duties, with the usual exceptions.

HSR2013 27 With reasonable notice, an authority can require that an employee or member of an NHS body or healthcare provider appear before it, other than if it relates to a trust special administrator’s report or health special administration order.

HSR2013 28 Local authorities can arrange for health scrutiny functions to be discharged by an OSC, or by an OSC of another authority.

HSR2013 28 Local authorities can arrange for health scrutiny functions to be discharged by an OSC, or by an OSC of another authority.

Health joint committees

HSCA 2012 Joint committees: health. This replaces s8 of the Health and Social Care Act 2001.

Subs 2 – regs may make provision for joint committees, or for one council’s OSC to take on the responsibilities of that in another area. County committees may also include district members.

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Committees, their functions and powers (relating to crime and disorder / community safety)

LGPIH2007 123 Power exists for the Secretary of State to specify circumstances in which a joint scrutiny committee is established. Regulations have not been produced under this section, which means that authorities proposing to establish joint scrutiny arrangements will need to continue to use the general power in the 1972 Act to establish them.

PJA2006 19 Subs 1 requires local authorities to designate a committee as a “crime and disorder committee” with responsibility for the “responsible authorities” (CSP partners).

Subs 2 requires the local authority to copy the responsible authorities in to reports/recommendations made to the exec.

Subs 3 councils must ensure that the C&D committee has power to refer reports/recs on C&D issues to the authority and must enable any member of the authority not on the C&D committee to refer any local C&D matter to that committee (crime and disorder CCfA).

Subs 4 enables a councillor to ensure that a C&D matter is discussed at a meeting of the committee.

Subs 6 relates to CCfA. When deciding whether to make a report or recommendations further to a CCfA, the committee should have regard to any powers under s236 of the 2007 Act which might be relevant (delegated functions to single ward members) and any representations made by the member in question.

Subs 7 requires the OSC to notify the member of its reasons if it decides not to make a report or recs to the local authority. Subs 8 requires the OSC to provide a copy of the report/recs to the member who referred the issue, to provide a copy to the responsible authorities as appropriate.

Subs 8A & 8B requires the OSC to notify the recipient of the report/recs that they must consider the report and recommendations, respond to them and “have regard to” them in exercising its functions.

Subs 9 requires the C&D committee to be an OSC.

These subsections are amended from those in force when the Act was enacted. The original wording of s19(3) to 19(8) specifically excluded counties from crime and disorder CCfA, and the associated provisions. Since the amendment of the Act (which happened before the Act itself came into force) this exclusion has been removed, but it is still reasonable to expect that most crime and disorder scrutiny work will happen at district level, as this is where CSPs tend to operate.

Statutory guidance on this subject was published in 2009.

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PJA2006 20 Powers to make regulations and guidance.

PJA2006 21 Inserts new subsections into s5 of the Crime and Disorder Act 1998 (s5(1B), (1C), (1D). This permits the establishment of joint crime and disorder committees across a geographical area (allowing counties in two-tier areas to become involved)

CDR2009 3 Co-option. CSP scrutiny committees may co-opt representatives of CSP partners as non-voting members of the committee. The regulations state that “only” a representative from a responsible authority may be co-opted. However, this does not affect the wider provisions for general co-option in the 1972, 2000 and 2003 Acts.

CDR2009 4 Committee should meet once a year at least.

CDR2009 5 Information must be provided to committees by the date indicated or “as soon as reasonably possible”. This information should be depersonalised; an exemption applies for info which might prejudice legal proceedings.

CDR2009 6 Attendance of an officer/employee of a responsible authority can be required (but reasonable notice must be given)

CDR2009 7 Responses to reports/recommendations of the committee must be made in writing and within 28 days

Committees, their functions and powers (relating to other partners)

Other partners

LGA2000 9FF Duties of partner authorities. Partner authorities are defined in the 2007 Act, Chapter 1 and Part 5. This section gives all councils – including shire districts – the right to require partner authorities to “have regard to” reports and recommendations (subs 2). There is an exemption for health service bodies which are dealt with under separate legislation, where shire districts may not exercise these powers (subs 5).

LGA2000 9FH Flood risk management – lead local flood authorities operating executive arrangements must make provision for scrutiny of flood risk management and erosion issues. Authorities must comply with requests for information on these issues, and must make responses to reports. The Flood Risk Management Overview and Scrutiny Committee (England) Regulations 2011 explain these duties in more detail. These Regulations (but not the powers in the Act) cease to have effect on 6 April 2018 unless renewed.

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Co-option


LGA1972 Sch 1, 12, 13 and 14

Local authorities may make a scheme which relates to the co-option of voting members of an OSC.

Schemes can include details about the nature of the co-option and its duration, and can provide the committee with the power to decide on voting co-option of its own volition. Schemes can be varied or revoked at the authority’s discretion.

(Under these provisions there is no automatic exclusion of the rule of political proportionality, which still applies)

LGA2000 9FI Partner authorities’ duties to give information to OSCs are covered by separate regs.

This does not include crime and disorder and health issues, which are covered in the 2006 Act and 2011 Act respectively.

LAR2012 4 A relevant partner authority (defined by s104, 2007 Act) must supply information to an OSC which the OSC may “reasonably require”, following a request in writing, so long as the request relates to the functions of the partner in the authority’s area or relating to the area’s inhabitants.

LAR2012 5 Disclosure of information not required where that information was provided to the partner authority in confidence or where disclosure might “prejudice the exercise of the functions of the authority” – although see the FOI Act for further context. Personal information within the meaning of the Data Protection Act cannot be provided (further to which the partner must redact the relevant information).

LAR2012 6 Makes clear that these sections does not affect powers provided by the PJA 2006 or the NHS Act 2006.

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Education co-optees

Co-option – community safety

EA1996 499 Appointment of statutory education co-optees. This provision predates the executive/scrutiny split; its reference to committees discharging education functions will, for the most part, refer to scrutiny committees. Under the committee system, a service committee dealing with education matters does not have to appoint statutory co-optees, further to the provisions of the Local Authorities (Committee System) (England) Regulations 2012 (SI 2012/1020.

Subs 4 – covers the appointment of diocesan representatives on education committees.

Subs 6 – covers the appointment of parent governor representatives.

PGR2001 3 LEAs should appoint at least two and not more than 5 parent governor representatives (PGRs) to “each of their education OSCs”.

PGR2001 4-6 A postal election process, by secret ballot, shall be organised. If not enough people come forward the LEA must repeat the process in a year.

PGR2001 7 A PGR is disqualified from continuing as the rep if they cease to be a PG;

PGR2001 8 A PGR may have a term of office of no fewer than two years but no longer than four years

PGR2001 10 The PGR may vote on any item at an OSC meeting relating to education (which means that for practical purposes they will be counted as a full member of the committee for the purposes of political proportionality).

CDR2009 3 CSP scrutiny committees may co-opt representatives of CSP partners as non-voting members of the committee. The regulations state that “only” a representative from a responsible authority may be co-opted. However, this does not affect the wider provisions for general co-option in the 1972, 2000 and 2003 Acts.

23

Scrutiny under the committee system

LGA2000 9JA Committee system authorities may have one or more OSCs – the SoS may by regulations make provision about how they operate.

LGA2000 9JB Committee system authorities must make provision for the scrutiny of flood risk management issues (see 9FH)

LACS2012 4 (et seq) Extends the applicability of the provisions of the 2000 Act (relating to scrutiny) to committee system authorities that choose to appoint an OSC. This includes the statutory scrutiny officer, powers over partners, education co-option and so on.

Service committees making education-related decisions do not have to co-opt education representatives.

Authorities must arrange for a committee, which does not need to be a scrutiny committee, to transact health scrutiny functions and flood risk management functions. However, because other functions, in law, are vested specifically with an OSC, they cannot be exercised by a committee system authority that does not have an OSC. This includes scrutiny of partners (the powers originally given by the 2007 Act).

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GOVERNANCE AND SCRUTINY IN COMBINED AUTHORITIES

General provisions

Each Combined Authority’s governance arrangements are provided for in a unique, bespoke Order. The below are general provisions which provide context for those individual Orders.

LD2009 103 Covers establishment of CAs. CA areas may not overlap and cannot fully encircle an authority or area not covered by the CA, but its geography does not need to be contiguous.

LD2009 104(10) & 105(3A)

An order for the establishment of a combined authority has to have the consent of all of the constituent authorities (the county, if there is one, and any district whose area in whole or in part is covered by the area of the combined authority). .

LD2009 105A & 105B

With the appropriate consent and consultation, the Secretary of State may transfer the duties and functions of other public authorities into the hands of an elected combined authority Mayor.

LD2009 106 Provides for the alteration of the boundaries of a CA as long as the authorities affected, the CA itself and the Mayor all consent.

LD2009 107 Provides for the dissolution / abolition of a CA as long as the majority of authorities affected consent (“authorities” here does not include the CA itself).

LD2009 107A & 107B

Provides for an elected Mayor for a combined authority area, and for the incorporation of provisions for a Mayor into an Order made further to s109, below.

LD2009 107C Deputy mayor. The elected mayor must appoint a member of the CA as a deputy mayor. (Under s107D, the mayor may arrange for his/her functions to be carried out by the deputy).

LD2009 107D Functions. Provides power to the Secretary of State to stipulate that certain powers may only be exercisable by the Mayor.

Subs 3(c)(ii) - Subject to such an order a Mayor may also arrange for any of these functions to be exercised by a committee of the CA.

An order made under subs 3(c)(ii) may specify various details relating to the composition and membership of such a committee, about that committee’s right to information held by the CA and about the extent to which normal provisions around political proportionality apply.

Subs 3(e) - powers given to the Mayor in the Act may be exercised by the Mayor individually, or in accordance with s107E.

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LD2009 107E Joint committees. The Secretary of State may make provision for the establishment of a 1972 Act joint committee for the combined authority, of which the Mayor is a member. An Order may specify a range of details about the role and composition of that committee.

LD2009 107F Policing. Provides for the Secretary of State to make an order to give the elected Mayor the powers of the PCC for the area.

(See also Schedule 5C)

LD2009 108 & 109 Review and scheme. Prospective CAs must undertake reviews of statutory functions in the local area in order to ascertain whether the establishment of a CA would be worthwhile. If a prospective CA area concludes that it would, it must prepare a scheme to explain its plans. (In practice, these reviews and schemes have involved the making of commitments on governance).

LD2009 110 Following consultation, the Secretary of State may make an order establishing a combined authority, having regard to the scheme while doing so.

LD2009 111 - 113 Similar provisions to those above for the amendment of the powers of an existing combined authority.

Overview and scrutiny in combined authorities

General provisions

LD 2009 104(9) Provides for the enactment of Schedule 5A, which explains the roles of overview and scrutiny at combined authority level in more detail.

Sch 5 1

Subs 1: a CA must appoint one of more OSCs

Subs 2: the OSC(s) must have power to review or scrutinise decisions made in discharge of CA functions, to make reports or recommendations or such matters or reports and recommendations on a matter affecting the authority’s area / inhabitants.

Subs 3: in a Mayoral CA, the OSC(s) may scrutinise and make recommendations to the Mayor on such matters.

Subs 4, 5, 6: call-in powers for CA OSCs; the OSC must set out its call-in arrangements, which require the CA’s consent. See also Article 7(4) of the 2016 Order, below.

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Sch 5 2

Subs 1: a CA OSC may establish sub-committees.

Subs 3: a CA OSC may not include a member of the CA.

Subs 4&5: CA OSCs are treated in law as if they were principal council committees, and are thus subject to Part 5A of the 1972 Act (in terms of access to meetings etc)

Subs 6&7: a CA OSC may requires members and officers of the CA, and the Mayor, to appear before it.

Sch 5 3

Gives power to make provision on the composition and chairing of OSCs, including the definition of an “appropriate person” who can be the chair. An “appropriate person” must be someone not of the same party as the Mayor (and need not be a councilor). The Chair may instead be an “independent person”, as defined by Order (see below).

CAOS2017 3(1) a CA OSC must consist of a majority of members from the CA’s constituent councils

3(2) there is a quorum of two thirds of the total members of the committee (note that this is not a quorum of two thirds of the constituent members);

3(3) et seq

• each member of the OSC from a constituent is to have one vote; there are no casting votes and tied votes are deemed not to have carried;

3(4) members of the OSC from non-constituent councils, or who are co-opted, don’t automatically have a vote but the CA may resolve to give them one;

4(1) appointments must reflect political balance across the area. Appointments are made by the CA itself, and must be publicised (4(2));

5(2) – 5(4)

Provision for the appointment of an “independent” chair. If a combined authority opts to appoint an “independent” chair, they must not be a member or officer of the combined authority or a constituent council, or the close relative of such people. There has to be a public application process for independent chairs;

5(6) additional information about an “appropriate” person in the chair. Where the Mayor is not a member of a political party, the OSC chair may not be of the party that has a majority of members in the area;

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6 any member of the committee, of the combined authority or any constituent council may refer an issue to the OSC (referral means placing an item on the scrutiny agenda for discussion). Such a member may make representations to help the committee to decide whether to use its powers to scrutinise that issue; if the committee chooses not to it has to give reasons;

7(1)-(3) scrutiny may require the combined authority or Mayor to respond to recommendations (within two months of publication of recommendations

7(4) additional call-in provisions

8 confidential and exempt information. Similar provisions apply to those present in individual local authorities

9 a statutory scrutiny officer must be designated

10 members of the CA OSC have enhanced rights to access information under the control of the CA or Mayor. Relevant information is that which relates to any business transacted at a decision-making meeting of the CA or any matter in relation to which a decision has been made. Information must be relevant to a matter under scrutiny by the member in question. This excludes political advice; there are no other exclusions. Reasons must be given for refusal

11-13 key decisions. A key decision is one with significant financial implications and one having a significant effect on people living or working in an area covered by two or more council wards in the area. Key decisions must be recorded and notified 28 days before they come to be made, in a similar way to the requirements for local authorities. Where compliance with Article 11 is impractical, the proper officer may write to the OSC chair advising of the decision and wait 5 days before the decision is made, and give reasons for urgency; in cases of special urgency, with the agreement of the OSC chair, or if unavailable the CA chair, or if unavailable the CA vice-chair, notice periods may be dispensed with. Again, a reason for urgency must be published.

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SCRUTINY CARRIED OUT BY POLICE AND CRIME PANELS

Police and Crime Panels: general provisions


PRSR 2011 10 Sets out basic principles of co-operative working for the PCC and “responsible authorities” under the 1998 Act. This section should be seen in the context of s28(2) below.

PRSR 2011 28 Sets out provisions for police and crime panels outside London.

Subs 2 states that the PCP must “[support] the effective exercise of the functions of the police and crime commissioner for that police area”.

Subs 3 sets out statutory functions for the PCP in reviewing the draft police and crime plan.

Subs 4 sets out functions for the PCP in scrutinising the PCC annual report.

Subs 5 gives effect to Schedules 1, 3 and 8 of the Act, which provide for senior staff confirmation hearings, a veto over the policing precept, and confirmation hearings for PCC appointees respectively (see below).

Subs 6 sets out general powers for the PCP, to review or scrutinise decisions/action taken by the PCC, and to make reports and recommendations.

Subs 7 requires a PCP to publish any reports made to the relevant PCC, and subs 8 requires it to send this report to local authorities in the area.

PRSR 2011 29 There are various powers for the PCP to require the PCC and his/her staff to attend to answer questions, and to respond in writing.

Subs 6 gives power to require the PCC and the chief constable to attend on the same occasion.

PRSR 2011 30 Gives powers for the PCP to suspend the PCC, if the PCC is charged with an offence carrying a maximum term of imprisonment exceeding two years.

PRSR 2011 45 Chief officers of police must obtain the views of people within neighbourhoods in the police area.

PRSR 2011 Sc 5 This schedule deals with the precept.

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PRSR 2011 Sc 6 Schedule 6 covers PCPs in more detail.

PRSR 2011 Sc 6 3 Paragraph 3 onwards applies to PCPs in England established by local authorities (which we will refer to as “Part 2 PCPs”. Paragraph 3 itself requires councils to set up a PCP and make the necessary panel arrangements (para 24).

PRSR 2011 Sc 6 4 Part 2 PCPs will consist of members (minimum of ten, with more if there are more local authorities in the force area) and co-optees (minimum of 2, but more can be appointed by resolution). This must be agreed by the Home Secretary.

A PCP is a joint committee of the relevant local authorities.

PRSR 2011 Sc 6 5 Where there are fewer than 10 authorities in the Force area, panel arrangements have to make provision for who will appoint the additional members to make the panel up to ten.

PRSR 2011 Sc 6 6, 7, 8, 9

Deal with detail of nomination process in multi-authority and single authority areas in order to bring the size of the panel up to its full complement.

PRSR 2011 Sc 6 10 Where an authority fails to nominate a member the Home Secretary may nominate directly. In doing so she must have aim to meet the “fair representation” objective – ie that every authority has only one of its cllrs as a member of the panel if there are more than ten authorities, and if nine or fewer that every council has at least one member on the panel.

PRSR 2011 Sc 6 11 Panel arrangements must provide for how authorities will meet the PCP’s costs, including how funds will be distributed.

PRSR 2011 Sc 6 21 The PCC may not sit on the PCP.

PRSR 2011 Sc 6 22 A person may not sit on the PCP as a co-opted member if they sit on a devolved administration, are an MEP, an MP, or a member of staff of the PCC or a civilian member of staff of the police force in the area.

PRSR 2011 Sc 6 23 If there are only two co-opted members a local authority member may not be one of these co-optees, but if there are three or more co-optees, then they may be councillors (as long as at least two co-optees aren’t).

PRSR 2011 Sc 6 24 Deals with panel arrangements.

These must make provision on co-option and ordinary members, including terms of office, resignation and removal, and re-appointment.

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PRSR 2011 Sc 6 25 PCPs will have to make rules of procedure (these are not the same as panel arrangements). Rules of procedure must make provision for the appointment, removal and resignation of the chair, the method of making decisions [which presumably means recommendations] and the formation of sub-committees.

PRSR 2011 Sc 6 27 Special functions of the PCP may only be performed by the PCP itself, not a sub-committee. These are scrutiny of the police and crime plan (s28(3)), scrutiny of the PCC’s annual report (s28(4)), considering the precept (set out in Schedule 5) and confirmation hearings for the chief constable, and for senior appointments (para 10 and 11 of Schedule 1).

PCPLA2012 3 A range of local authority enactments are stated to also apply to PCPs. These include: oPart VA and Schedule 12A, LGA 1972 oS101(2), LGA 1972 oS39, Local Government (Miscellaneous Provisions) Act 1976 – this is about protecting members and officers of councils from personal liability; oS101, LGA 2000 oFOIA 2000 oPart 11, Equalities Act oS25, LA 2011 These mainly relate to the management and convening of meetings. The position with regard to Welsh Panels, and English Panels established under Part 3, is slightly different.

PCPLA2012 3 A range of local authority enactments are stated to also apply to PCPs. These include:

• Part VA and Schedule 12A, LGA 1972 • S101(2), LGA 1972 • S39, Local Government (Miscellaneous Provisions) Act 1976 – this is about protecting members and officers of councils from personal liability; • S101, LGA 2000 • FOIA 2000 • Part 11, Equalities Act • S25, LA 2011

These mainly relate to the management and convening of meetings. The position with regard to Welsh Panels, and English Panels established under Part 3, is slightly different.

Scrutiny of the precept

PCPC2012 3-6 the PCC must advise the PCP of the proposed precept by 1 February each year. The PCP must respond by 8 February if they wish to exercise the veto (if a veto is purported to be made after that date it cannot be enforced). If a veto is made the PCC must issue a revised precept by 15 February. The PCP may make a report on the revised precept (but have no veto over it);

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Scrutiny of Chief Constable appointments

Management of complaints

PCPC2012 9 • where a PCP vetoes a Chief Constable candidate the PCC has to put forward a reserve candidate. There will then be another confirmation hearing and the PCP will decide whether or not to recommend appointment. They do not hold a veto for the reserve candidate.

EPBC 2012 6 PCPs have a general duty to keep themselves informed on complaints issues

PCPs may delegate some or all of their complaints functions to the OPCC, with its permission

7 Deal with the notification and recording of complaints

9-12 Provides for the transfer of serious complaints to the IPCC;

13-14 Provides for circumstances where the PCP can decide not to consider a complaint further.

15-16 “Informal resolution” arrangements for non-serious complaints, which are managed by the PCP. Although the Panel cannot “investigate” a complaint (Reg 28(7)) but the subject of the complaint should provide information to the PCP and attend to answer questions on request, and this isn’t counted as “investigation” for the purposes of the Regulations. The rest of this Regulation covers how the outcome of a PCP’s consideration of a complaint should be reported back;

28 Part 5 contains provisions relating to the recording of complaints and liaison with those making them.

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TOPIC REFERENCE SECTION

Access to meeting reports LAMA 2012 7 Right of access to meetings and information

Agenda access LAMA 2012 7 Right of access to meetings and information

CA scrutiny - independent chair provisions

CAOS 2017 5(2)-5(4) Governance and scrutiny in combined authorities

CA scrutiny - additional call-in provisions

CAOS 2017 7(4) Governance and scrutiny in combined authorities

CA scrutiny - additional chair considerations


CA scrutiny - call-in powers and arrangements

LD 2009 Sch 5, 1 Governance and scrutiny in combined authorities

CA scrutiny - composition and chairing provisions


CA scrutiny - confidential and exempt information

CAOS 2017 8 Governance and scrutiny in combined authorities

CA scrutiny - co-optee voting guidance


CA scrutiny - exclusion of the CA members


CA scrutiny - key decision guidance

CAOS 2017 11-13 Governance and scrutiny in combined authorities

CA scrutiny - member rights to information


CA scrutiny - membership CAOS 2017 3(1) Governance and scrutiny in combined authorities

CA scrutiny - minimum committee number


CA scrutiny - political proportionality


CA scrutiny - powers LD 2009 Sch 5, 1 Governance and scrutiny in combined authorities

CA scrutiny - quorum rules CAOS 2017 3(2) Governance and scrutiny in combined authorities

INDEX

Alphabetical summary for easy reference.

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CA scrutiny - referral of items for consideration


CA scrutiny - response to recommendation rules

CAOS 2017 7(1)-(3) Governance and scrutiny in combined authorities

CA scrutiny - right to establish sub-committees


CA scrutiny - right to request attendance of officers and members


CA scrutiny - statutory scrutiny officer designation


CA scrutiny - treatment under the law


CA scrutiny - voting rules CAOS 2017 3(3) Governance and scrutiny in combined authorities

CA scrutiny role LD 2009 104(9) Governance and scrutiny in combined authorities

Codes of conduct (see also "standards")

LA 2011 Sch 4 Governance basics - standards

Combined authorities - alteration of boundaries

LD 2009 106 Governance and scrutiny in combined authorities

Combined authorities - amendment of powers provisions

LD 2009 111-113 Governance and scrutiny in combined authorities

Combined authorities - deputy mayor provisions

LD 2009 107C Governance and scrutiny in combined authorities

Combined authorities - dissolution requirements


Combined authorities - elected mayor provisions

LD 2009 107A, B Governance and scrutiny in combined authorities

Combined authorities - joint committees

LD 2009 107E Governance and scrutiny in combined authorities

Combined authorities - mayoral functions

LD 2009 107D Governance and scrutiny in combined authorities

Combined authorities - policing powers

LD 2009 107F Governance and scrutiny in combined authorities

Combined authorities - power transfer by Secretary of State

LD 2009 105A,B Governance and scrutiny in combined authorities

Combined authorities - review and scheme obligations

LD 2009 108, 109 Governance and scrutiny in combined authorities

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Combined authorities - Secretary of State establishing order


Committee expenses - joint committees

LGA 1972 s103 Organising committees

Committee membership - joint committees


Committee membership - ordinary committees


Committee standing orders - ordinary and joint committees


Community safety co-optees guidance

CDR 2009 3 Committees, their functions and powers relating to co-option

Community safety partnerships - co-option

CDR 2009 3 Committees, their functions and powers relating to crime and disorder/community safety

Co-option - voting members - authority rights

LGA 1972 Sch 1, 12-14

Committees, their functions and powers relating to co-option

Councillor call for action - general guidance

LGA 2000 9FC Councillor Call for Action

Councillor call for action - planning and licensing exclusions

OSRC 2012 3 Councillor Call for Action

Councillor call for action - planning and licensing referrals

OSRC 2012 3-4 Councillor Call for Action

Crime and disorder committee - attendance


Crime and disorder committee - discussions of CCfA

PJA 2006 19 Committees, their functions and powers relating to crime and disorder/community safety

Crime and disorder committee - information requests


Crime and disorder committee - meeting requirements


Crime and disorder committee - powers to make regulations and guidance


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Crime and disorder committee - report recipients


Crime and disorder committee - report/recommendation guidelines


Crime and disorder committee - responses to reports rules


Crime and disorder committee designation


Crime and disorder committee power to refer reports to authorities


Designation of director of finance

LGH 1989 151 Governance basics

Designation of head of paid service


Designation of monitoring officer


Discharge of functions - executive arrangements

LGA 2000 9D Discharge of functions by different bodies

Discharge of functions - regulations

LGA 2000 9E, 9EA Discharge of functions by different bodies

Discussion of crime and disorder related issues


Disqualification for holding politically restricted post


Disqualification for non-attendance at meetings (see also "standards")

LGA 1972 s85(1) Governance basics - standards

Duties of partner authorities LGA 2000 9FF Committees, their functions and powers relating to other partners

Establishment of combined authorities


Establishment of combined authorities - requirements

LD 2009 104(10), 105(3A)

Governance and scrutiny in combined authorities

Executive arrangements - cabinet limits

LGA 2000 9C Executive arrangements

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Executive arrangements - electing a leader


Executive arrangements - leader terms of office

LGA 2000 9I, 9IA Executive arrangements

Executive arrangements - limits to chairman


Executive decisions - details in statements

LAMA 2012 12-14 Executive decision-making

Executive decisions reporting LAMA 2012 19 Executive decision-making

Executive functions - discharge by another authority

LADF 2012 5, 7, 8, 10 Discharge of functions by different bodies

Executive functions discharge by another authority - regulations

LGA 2000 9J Discharge of functions by different bodies

Executive meetings - access to information

LGA 2000 9G Right of access to meetings and information

Executive meetings - private meetings rules

LAMA 2012 5 Right of access to meetings and information

Executive meetings - public access

LAMA 2012 3-4 Right of access to meetings and information

Executive meetings - record keeping

LGA 2000 9G Right of access to meetings and information

Executive public meetings - notice


Flood risk management arrangements

LGA 2000 9FH Committees, their functions and powers relating to other partners

Full council - annual meetings LGA 1972 Sch 12 s1 Organising committees

Governance options LGA 2000 9B Governance arrangements

Governance options - changes LGA 2000 9K-9B Governance arrangements

Governance options - changes - referendums

LGA 2000 9M Governance arrangements

Governance options - changes - relevant change time

LGA 2000 9L (4-6) Governance arrangements

Governance options - changes - resolutions

LGA 2000 9KC Governance arrangements

Governance options - changes - time limit after change

LGA 2000 9KC Governance arrangements

Governance options - changes - timetables for shire districts

LGA 2011 24 Governance arrangements

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Governance options - committee systems

LGA 2000 9B Governance arrangements

Governance options - definitions


Governance options - executive arrangements


Governance options - Secretary of State powers

LGA 2000 9BA Governance arrangements

Health and Wellbeing Boards - enabling sections for further regulation

NHS 2006 244 Committees, their functions and powers relating to the NHS

Health and Wellbeing Boards duty

LGPIH 2007 116A Committees, their functions and powers relating to the NHS

Health and Wellbeing Boards operations

HSR 2013 Pt2 Committees, their functions and powers relating to the NHS

Health joint committees - regulation

HSCA 2012 Committees, their functions and powers relating to the NHS

Health joint committees - Secretary of State powers

LGPIH 2007 123 Committees, their functions and powers relating to the NHS

Health scrutiny - attendance by NHS and healthcare providers

HSR 2013 27 Committees, their functions and powers relating to the NHS

Health scrutiny - consultation on substantial items


Health scrutiny - general powers


Health scrutiny - joint health and well-being strategies

HSCA 2012 193 Committees, their functions and powers relating to the NHS

Health Scrutiny - joint strategic needs assessment consultation


Health scrutiny - obligation to provide information


Health scrutiny - recommendation responses guidance


Health scrutiny - reports and recommendations guidance


Health scrutiny consultation - referrals


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Health scrutiny consultation - Secretary of State involvement guidance


Health scrutiny functions HSCA 2012 190 Committees, their functions and powers relating to the NHS

Health scrutiny functions - discharge arrangements


Health scrutiny functions amendments


HealthWatch "enter and view" powers

LGPIH 2007 224, 225

Committees, their functions and powers relating to the NHS

HealthWatch hosting arrangements

LGPIH 2007 222 Committees, their functions and powers relating to the NHS

HealthWatch requirements LGPIH 2007 223A Committees, their functions and powers relating to the NHS

HealthWatch role and functions LGPIH 2007 221 Committees, their functions and powers relating to the NHS

Information - additional access rights

LGA 1072 100F Right of access to meetings and information

Information - background papers rules

LGA 1972 100D Right of access to meetings and information

Information - councillor access - exempt information NHS

NHS 2006 246 Right of access to meetings and information

Information - councillor access - exemptions

NHS 2006 Sch 17 Right of access to meetings and information

Information - councillor access - offences


Information - councillor access - rights


Information - councillor access - scrutiny rights


Information - exemption - crime related grounds

LGA 1972 Sch12A, 7 Right of access to meetings and information

Information - exemption - employment negotiations grounds


Information - exemption - financial grounds


Information - exemption - identity grounds


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Information - exemption - individual grounds


Information - exemption - legal advice grounds


Information - exemption - personal orders and directions grounds


Information - exemption - provisions

LGA 2000 9FG Right of access to meetings and information

Information - exemption - public interest balance grounds


Information - further regulation powers

LGA 2000 9GA Right of access to meetings and information

Information - powers under s236 LGPIH Act 2007

LGA 1972 100EA Right of access to meetings and information

Information - sharing sensitive information rule

LGA 1972 100C Right of access to meetings and information

Information - storing rules LGA 1972 100C Right of access to meetings and information

Joint crime and disorder committee establishment


Joint executive functions - discharge

LADF 2012 11 Discharge of functions by different bodies

Joint exercise of LA functions - regulations

LGA 2000 9EB, LGA 1972 s101

Discharge of functions by different bodies

Key decisions - challenge process

LAMA 2012 18 Key decisions

Key decisions - information publishing

LAMA 2012 9 Key decisions

Key decisions definition LAMA 2012 8 Key decisions

LAR and PJA powers explained LAR 2012 6 Committees, their functions and powers relating to other partners

Leader-cabinet arrangements LGA 2000 9C Executive arrangements

Mayoral arrangements LGA 2000 9C Executive arrangements

Members discharging authority functions - regulation

LGPIH 2007 236 Discharge of functions by different bodies

NHS - duty to involve NHS 2006 242 Committees, their functions and powers relating to the NHS

40

NHS consultation regulations NHS 2006 244 Committees, their functions and powers relating to the NHS

Non-voting co-option LGH 1989 13 Committees, their functions and powers relating to co-option

OSC - agenda requests LGA 2000 9FD Committees, their functions and powers

OSC - appointment by committees

LGA 2000 9F Committees, their functions and powers

OSC - attendance requirements

LGA 2000 9FA Committees, their functions and powers

OSC - call-in powers LGA 2000 9F Committees, their functions and powers

OSC - co opted members LGA 2000 9FA Committees, their functions and powers

OSC - executive response to scrutiny reports

LAR 2012 Pt3 Committees, their functions and powers

OSC - function restrictions LGA 2000 9F Committees, their functions and powers

OSC - general power guidance for Secretary of State


OSC - joint committees LGA 2000 9F Committees, their functions and powers

OSC - membership limits LGA 2000 9FA Committees, their functions and powers

OSC - political proportionality LGA 2000 9FA Committees, their functions and powers

OSC - powers and duties LGA 2000 9F Committees, their functions and powers

OSC - responses to scrutiny reports

LGA 2000 9FE Committees, their functions and powers

OSC - scrutiny officer designation

LGA 2000 9FB Committees, their functions and powers

OSC - scrutiny officer restrictions

LGA 2000 9FB Committees, their functions and powers

OSC - sub committees - power limit


OSC - sub-committees appointment


Paper inspection LAMA 2012 15 Executive decision-making

Part 2 PCP - membership PRSR 2011 Sc 6 4 Scrutiny carried out by Police and Crime Panels

Partner authorities - duty to give information to OSC

LGA 2000 9FI Committees, their functions and powers relating to other partners

Partner authorities - supplying information

LAR 2012 4 Committees, their functions and powers relating to other partners

Partner authorities - supplying information - limits

LAR 2012 5 Committees, their functions and powers relating to other partners

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Pecuniary interests - declarations at meetings

LA 2011 ss 30 & 31 Governance basics - standards

Police and Crime Panels - application of other enactments

PCPLA 2012 3 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - complaints delegation rights

EPBC 2012 7 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - complaints duty

EPBC 2012 6 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - complaints recording and notification rules

EPBC 2012 9-12, 28 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - confirmation hearings for appointees

PRSR 2011 28 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - co-option rules

PRSR 2011 Sc 6 23 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - fail to nominate correction


Police and Crime Panels - general powers


Police and Crime Panels - membership guide for fewer than 10 authorities in the Force area


Police and Crime Panels - membership limits and disqualification


Police and Crime Panels - nomination process

PRSR 2011 Sc 6 6-9 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - non-serious complaints resolutions

EPBC 2012 15-16 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - panel arrangements


Police and Crime Panels - report publishing requirements


Police and Crime Panels - requirement to obtain views of the people


Police and Crime Panels - requirements to answer questions


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Police and Crime Panels - requirements to provide funding rationale


Police and Crime Panels - right to suspend PCC guidance


Police and Crime Panels - rules of procedure


Police and Crime Panels - serious complaints transfer

EPBC 2012 13-14 Scrutiny carried out by Police and Crime Panels

Police and Crime Panels - special function performance rules


Police and Crime Panels annual report scrutiny


Police and Crime Panels established by local authorities, see also "Part 2 PCP"


Police and Crime Panels scrutiny principles


Police and Crime Panels statutory functions


Political proportionality LGH 1989 s15(5) Organising committees

Political proportionality - exclusion of Cabinet

LGA 2000 S9gc Organising committees

Political proportionality - waiving

LGH 1989 s17(1)(b) Organising committees

Politically restricted posts definition


Predetermination (see also "standards")

LA 2011 s25 Governance basics - standards

Public access to meetings LGA 1972, s100(1) Right of access to meetings and information

Public exclusion - circumstances

LGA 1972 s100A Right of access to meetings and information

Public notice of meetings LGA 1972 s100A Right of access to meetings and information

Registers of interests - general (see also "standards")

LA 2011 s29 Governance basics - standards

Report access - exclusion grounds

LGA 1972 100B Right of access to meetings and information

43

Report access - exclusion rules LGA 1972 100B Right of access to meetings and information

Report access - public deposit rules

LGA 1972 100B Right of access to meetings and information

Resolution to exclude public LGA 1972 s100A Right of access to meetings and information

Scrutiny of Chief Constable appointments

PCPC 2012 9 Scrutiny carried out by Police and Crime Panels

Scrutiny of the precept PCPC 2012 3-6 Scrutiny carried out by Police and Crime Panels

Scrutiny under committee system - flood risk management

LGA 2000 9JB Scrutiny under the committee system

Scrutiny under committee system - regulations

LGA 2000 9JA Scrutiny under the committee system

Scrutiny under committee system key provisions

LACS 2012 4 Scrutiny under the committee system

Standards LA 2011 ss 26-28 Governance basics - standards

Statutory education co-optees EA 1996 499 Committees, their functions and powers relating to co-option

Statutory education co-optees - diocesan representatives

EA 1996 499 Committees, their functions and powers relating to co-option

Statutory education co-optees - parent governor reps

EA 1996 499 Committees, their functions and powers relating to co-option

Statutory education co-optees - parent governor reps disqualification grounds

PGR 2001 7 Committees, their functions and powers relating to co-option

Statutory education co-optees - parent governor reps term


Statutory education co-optees - parent governor reps voting


Statutory education co-optees minimum


Statutory education co-optees postal election process

PGR 2001 4-6 Committees, their functions and powers relating to co-option

Urgency arrangements LAMA 2012 10-11 Key decisions

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legisatonia io eg legisatoane s framework governance · Pulling it all together A guide to...

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