Part II

Local authorities in Wales: arrangements with respect to executives etc.

Provisions with respect to executive arrangements

Duty of authority or executive to respond to overview and scrutiny committee
21B
1
This section applies where an overview and scrutiny committee of a local authority
... makes a report or recommendations to the authority or the executive, otherwise than—
a
by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
by virtue of subsection (3)(a) of that section.
1A
A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.
2
The overview and scrutiny committee may publish the report or recommendations.
3
The overview and scrutiny committee must by notice in writing require the authority or executive—
a
to consider the report or recommendations,
b
to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,
c
if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,
d
if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,
and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.
4
It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.
5
Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).
6
In this section—
a
references to an overview and scrutiny committee include references to a sub-committee of such a committee; and
b
references to “
the authority
” or “
the executive
”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
Ss. 21A-21D: power to apply conferred by 2007 c. 28, s. 123(5)(b)(ii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))
Words in s. 21B(1) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 64, 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(1)(g)(2)(m)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Ss. 21B-21D inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 122(1), 245(5); S.I. 2008/3110, art. 4(d)
Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)
S. 21B(1A) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 6; S.I. 2016/86, art. 3
Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)