Part 5

Co-operation of English authorities with local partners, etc
Chapter 2

Overview and scrutiny committees

Reference of matter by councillor to overview and scrutiny committee
119
After section 21 of the Local Government Act 2000 (c. 22) insert—

Reference of matters to overview and scrutiny committee etc
21A
1
Executive arrangements by a local authority must include provision which—
a
enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,
b
enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and
c
in the case of a local authority in England, enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.
2
For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.
3
In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued by the Secretary of State.
4
Guidance under subsection (3) may make different provision for different cases.
5
Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).
6
In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—
a
any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
b
any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.
7
If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—
a
its decision, and
b
the reasons for it.
8
The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.
9
Subsection (8) is subject to section 21D.
10
In this section “local government matter”, in relation to a member of a local authority, means a matter which—
a
relates to the discharge of any function of the authority,
b
affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, and
c
is not an excluded matter.
11
In subsection (10)(c), “excluded matter” means any matter which is—
a
a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or
b
a matter of any description specified in an order made by the Secretary of State for the purposes of this section.