Section 35 – Overview and scrutiny committee of local authority
128.Section 35 requires each local authority to ensure its overview and scrutiny committee has the power to:
review or scrutinise the decisions made or actions taken by the public services board in the exercise of its functions;
review or scrutinise the board’s governance arrangements;
make reports or recommendations to the Welsh Ministers;
consider such matters relating to the board as the Welsh Ministers may refer to it and report to the Welsh Ministers accordingly; and
carry out such other functions in relation to the board as are imposed on it by the Act.
129.The local authority will do so through the ‘executive arrangements’ it is required to make under Part 2 of the Local Government Act 2000. Executive arrangements are arrangements for the setting up and operation by a local authority of an executive, which has responsibility for certain functions of the authority.
130.The committee must send a copy of any report or recommendation it makes in under subsection (1)(c) to the Welsh Ministers, the Commissioner and the Auditor General for Wales.
131.An overview and scrutiny committee may, when undertaking the functions provided for under subsection (1), require one or more of the persons who may attend a meeting of a public services board, or anyone designated by such a person, to attend a committee meeting and provide the committee with an explanation of any such matters as it requires.
132.Where a local authority has more than one overview and scrutiny committee, the reference in Part 4 of the Act to its overview and scrutiny committee are to the committee the local authority designates for the purpose of section 35.
