Local Government and Public Involvement in Health Act 2007

Valid from 01/04/2009

127 Overview and scrutiny committees: consequential amendments E+W

(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

(a) in subsection (2), after “their overview and scrutiny committees” insert “ , and any joint overview and scrutiny committees, ”;

(b) after that subsection insert—

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

(a) a joint overview and scrutiny committee within the meaning given in 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 authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section,

(c) a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

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

(e) a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees: local improvement targets) appointed by a group of partner authorities (within the meaning of that section) which includes the authority concerned.”;

(c) in subsection (4)—

(i) after “this section” insert “ , sections 21A to 21C ”; and

(ii) at the end insert “ or any functions which may be conferred on it by virtue of regulations under section 21E ”; and

(d) omit subsection (8).

(2) For section 32(3) of that Act (alternative arrangements) substitute—

“(3) Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b), including—

(a) in the case of regulations made by the Secretary of State, provision which applies or reproduces (with or without modifications)—

(i) any provision of sections 21 to 21D or paragraphs 7 and 9 to 11 of Schedule 1,

(ii) any provision made under section 21E or 22A,

(iii) any provision of section 246 of, or Schedule 17 to, the National Health Service Act 2006, or

(iv) any provision made under section 244 of that Act, and

(b) in the case of regulations made by the Welsh Ministers, provision which applies or reproduces (with or without modifications)—

(i) any provision of section 21 or 21A(1)(a) or (b) or (2) or paragraphs 8 to 11 of Schedule 1,

(ii) any provision of Schedule 17 to the National Health Service Act 2006,

(iii) any provision of section 186 of, or Schedule 11 to, the National Health Service (Wales) Act 2006, or

(iv) any provision made under section 184 of that Act.”.

(3) In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

(a) in sub-paragraph (i), for “(15)” substitute “ (17) ”; and

(b) after that sub-paragraph insert—

“(ia) sections 21A to 21D of that Act,

(ib) section 22A of that Act,”.

(4) In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

(a) in sub-paragraph (i), for “(15)” substitute “ (17) ”; and

(b) after that sub-paragraph insert—

“(ia) section 21A(1)(a) or (b) or (2) of that Act,”.