The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

Overview and scrutiny committee of the joint transport committee E+W

5.—(1) The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017(1) is modified in relation to the Combined Authority in accordance with the following sub-paragraphs.

(2) Article 2(1) (interpretation) has effect as if—

(a) after the definition of “excluded matter” there were inserted—

““joint transport committee” means the joint transport committee appointed under article 8 of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018.”;

(b) for the definition of “member” there were substituted—

““member” in relation to membership of an overview and scrutiny committee of the joint transport committee includes the chair of that overview and scrutiny committee.”.

(3) Article 3 (overview and scrutiny committees) has effect as if—

(a) in paragraph (1) for the reference to “combined authority’s overview and scrutiny committee must be members of that combined authority’s constituent councils” there were substituted “overview and scrutiny committee of the joint transport committee must be members of the constituent councils of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or the Newcastle Upon Tyne, Northumberland and North Tyneside Combined Authority”;

(b) in paragraph (4) for the reference to “combined authority” there were substituted “joint transport committee”.

(4) Article 4 (appointment of members) is to have effect as if for each reference to “combined authority” there were substituted “joint transport committee”.

(5) Article 5 (appointment of chair) is to have effect as if—

(a) for paragraph (2) there were substituted—

“(2) A person is independent if the person—

(a) is not a member, co-opted member or officer of—

(i) the joint transport committee;

(ii) the Durham, Gateshead, Sunderland and South Tyneside Combined Authority; or

(iii) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority;

(b) is not a member, co-opted member or officer of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or a parish council for which a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority is the principal authority;

(c) is not a relative, or close friend, of a person within paragraph (a) or (b); and

(d) was not at any time during the period of five years ending with an appointment as chair of the overview and scrutiny committee under arrangements made by the joint transport committee in accordance with paragraph 3(4)(a) of Schedule 5A to the 2009 Act—

(i) a member, co-opted member or officer of the joint transport committee; Durham, Gateshead, Sunderland and South Tyneside Combined Authority; or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or

(ii) a member, co-opted member or officer of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or a parish council for which a constituent council is the principal authority.”; and

(b) in paragraph (3), for “combined authority” there were substituted “joint transport committee”;

(6) Article 6 (reference of matters to overview and scrutiny committees) is to have effect as if—

(a) for paragraph (1) there were substituted—

“(1) The joint transport committee must ensure that it enables—

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

(b) any member of a sub-committee of an overview and scrutiny committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee;

(c) any member of the joint transport committee to refer to an overview and scrutiny committee any matter which is relevant to the functions of the joint transport committee and is not an excluded matter; and

(d) any member of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter.”; and

(b) in paragraphs (2) and (3) for “combined authority” there were substituted “joint transport committee”.

(7) Article 7 (duty of combined authority and mayor to respond to overview and scrutiny committee) is to have effect as if—

(a) for each reference to “a combined authority” there were substituted “the joint transport committee”; and

(b) each reference to “or the mayor” were omitted.

(8) Article 8 (confidential and exempt information) is to have effect as if—

(a) in paragraph (1)(a)(ii) for “a combined authority or the mayor” there were substituted “the joint transport committee”;

(b) in paragraph (1)(b) for “a combined authority or to a member of a constituent council or a non-constituent council, by an overview and scrutiny committee or a combined authority or the mayor” there were substituted “the joint transport committee or to a member of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority, by an overview and scrutiny committee or the joint transport committee”;

(c) in paragraph (2) for “combined authority, or the mayor” there were substituted “joint transport committee”;

(d) in paragraph (3) for “the combined authority, or the mayor, in providing a copy of a document to a member of the combined authority or to a member of a constituent council or a non-constituent council” there were substituted “the joint transport committee, in providing a copy of a document to a member of the joint transport committee or to a member of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority”;

(e) in paragraphs (4) and (5) for “combined authority” there were substituted “joint transport committee”; and

(f) in paragraph (6) for “authority” there were substituted “joint transport committee”.

(9) Article 9 (scrutiny officer) is to have effect as if—

(a) in paragraphs (1) and (2) for each reference to “a combined authority” there were substituted “the joint transport committee; and

(b) for paragraph (3) there were substituted—

“(3) The joint transport committee may not designate as the scrutiny officer any officer of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority.”.

(10) Article 10 (additional rights of access to documents for members of overview and scrutiny committees) has effect as if—

(a) each reference to “or the mayor” were omitted; and

(b) for each reference to “combined authority” there were substituted “joint transport committee”.

(11) Article 11 (key decisions) is to have effect as if—

(a) for paragraph (1)(a) there were substituted—

“(a) a “key decision” means a decision of a decision maker, which in the view of the overview and scrutiny committee for the joint transport committee is likely—

(i) to result in the joint transport committee incurring significant expenditure, or the making of significant savings, having regard to the joint transport committee’s budget for the service or function to which the decision relates; or

(ii) to be significant in terms of its effects on persons living or working in an area comprising two or more wards or electoral divisions in the area of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or of the Newcastle Upon Tyne, North Tyneside or Northumberland Combined Authority;”;

(b) in paragraph (2)(a) for “the responsibility of the combined authority” there were substituted “exercisable by the joint transport committee”; and

(c) in paragraph (3) for “combined authority” there were substituted “the joint transport committee”.

(12) Articles 12 (general exception) and 13 (cases of special urgency) is to have effect as if for each reference to “combined authority” there were substituted “joint transport committee”.

(13) Article 14 (audit committees) has effect as if there were substituted—

“Audit committees

14.— (1) In appointing members to an audit committee the joint transport committee must ensure that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority and of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority when taken together.

(2) An audit committee appointed by the joint transport committee may not include any officer of the joint transport committee; Durham, Gateshead, Sunderland and South Tyneside Combined Authority; Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

(3) The joint transport committee must appoint to an audit committee at least one independent person.

(4) For the purposes of appointments under paragraph (3), a person is independent if the person—

(a) is not a member, co-opted member or officer of the joint transport committee; the Durham, Gateshead, Sunderland and South Tyneside Combined Authority; the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority;

(b) is not a member, co-opted member or officer of a parish council for which the constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority is the principal authority;

(c) is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and

(d) was not at any time during the period of five years ending with an appointment under paragraph (3)—

(i) a member, co-opted member or officer of the joint transport committee; the Durham, Gateshead, Sunderland and South Tyneside Combined Authority; the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority or of a constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority; or

(ii) a member, co-opted member or officer of a parish council for which the constituent council of the Durham, Gateshead, Sunderland and South Tyneside Combined Authority or Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority is the principal authority.

(5) The joint transport committee is entitled to make an appointment under paragraph (3) where—

(a) the vacancy for the audit committee has been advertised in such manner as the joint transport committee considers is likely to bring it to the attention of the public;

(b) the person has submitted to the joint transport committee an application to fill the vacancy, and

(c) the person’s appointment has been approved by a majority of the members of the joint transport committee.

(6) A person appointed under paragraph (3) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment.

(7) The joint transport committee must determine a minimum number of members required to be present at a meeting of the audit committee before business may be transacted, to be no fewer than two-thirds of the total number of members of the audit committee.”.

(14) The joint transport committee must appoint at least one member of each of the constituent councils of the Combined Authority and the Durham, Gateshead, South Tyneside and Sunderland Combined Authority to be members of the audit committee of the joint transport committee.

Commencement Information

I1 Sch. 2 para. 5 in force at 2.11.2018, see art. 1

(1)

S.I. 2017/68.