Local Government and Public Involvement in Health Act 2007

Valid from 01/04/2009

121 Powers to require information from partner authorities E+W

(1) After section 22 of the Local Government Act 2000 insert—

“22A Overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities

(1) The Secretary of State may by regulations make provision, in relation to a relevant committee—

(a) as to information which relevant partner authorities must provide to the relevant committee, and

(b) as to information which may not be disclosed by a relevant partner authority to the relevant committee.

(2) In subsection (1), references to information do not include information in respect of which provision may be made in exercise of the power conferred by—

(a) section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or

(b) section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).

(3) For the purposes of subsection (1), “relevant committee” and “relevant partner authority” have the meanings given by section 21C.

(4) The Secretary of State may also by regulations make provision, in relation to a relevant district council committee—

(a) as to information which associated authorities must provide to the relevant district council committee, and

(b) as to information which may not be disclosed by an associated authority to the relevant district council committee.

(5) In subsection (4), references to information do not include information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

(6) For the purposes of subsection (4)—

• “relevant district council committee” means—

  (a)

  an overview and scrutiny committee of a district council which is not a responsible local authority (“the district council”), or

  (b)

  a sub-committee of such a committee;

• “associated authority”, in relation to a relevant district council committee, means—

  (a)

  the county council which is the responsible local authority in relation to the district council, or

  (b)

  any person (other than the district council) which is a partner authority in relation to that county council, other than—

  (i)

  a police authority, or

  (ii)

  a chief officer of police;

and for this purpose, “responsible local authority” and “partner authority” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007.

(7) Regulations under this section may make different provision in relation to different persons or committees or descriptions of person or committee.

(8) The power conferred by subsection (7) does not affect the power conferred by section 105(2)(b).”

(2) In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters), after subsection (6) insert—

“(6A) In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to—

(a) the discharge, or decisions made or other action taken in connection with the discharge, by the responsible authorities of their crime and disorder functions; or

(b) local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.”

(3) In subsection (7) of that section, for “and “co-operating persons and bodies”” substitute “, “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ””.

(4) In section 244 of the National Health Service Act 2006 (c. 41) (functions of overview and scrutiny committees), after subsection (2) insert—

“(2A) In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.”