The West Midlands Combined Authority Order 2016

Committees

4.—(1) The Combined Authority must appoint at least one member from each of the constituent councils and the non-constituent councils to the overview and scrutiny committee appointed by the Combined Authority.

(2) No business is to be transacted at a meeting of the overview and scrutiny committee unless at least five members appointed from at least five of the constituent councils, or substitute members acting in place of those members, are present at the meeting.

(3) Each member of the overview and scrutiny committee appointed from the constituent councils is to have one vote and no member is to have a casting vote.

(4) Members appointed from the non-constituent councils and the Local Enterprise Partnerships to the overview and scrutiny committee, or to any other committee or sub-committee of the Combined Authority, shall be non-voting members of that committee or sub-committee but may be given voting rights by resolution of the Combined Authority.

(5) The Combined Authority must appoint an appropriate person(1) who is a member of one of the constituent councils to be the chairman of the overview and scrutiny committee appointed by the Combined Authority

(6) If a vote is tied on any matter it is deemed not to have been carried.

(7) Where an overview and scrutiny committee appointed by the Combined Authority makes a report or recommendation under paragraph 1(2)(b) of Schedule 5A of the 2009 Act the committee may—

(a) publish the report or recommendations;

(b) by notice in writing require the Combined Authority to—

(i) consider the report or recommendations;

(ii) respond to the overview and scrutiny committee indicating what (if any) action the Combined Authority proposes to take; and

(iii) if the overview and scrutiny committee has published the report or recommendations under paragraph (a), publish the response.

(8) A notice served under sub-paragraph (7)(b) must require the Combined Authority to comply with it within two months beginning with the date on which the Combined Authority received the reports or recommendations or (if later) the notice.

(9) The Combined Authority must comply with a notice given under sub-paragraph (7)(b).

(10) Sub-paragraphs (7)(a) and (9) are subject to section 9FG of the Local Government Act 2000(2) and to any provision made under section 9GA(8) and the Combined Authority is to be treated as a local authority for these purposes.

(11) An overview and scrutiny committee appointed under this article must consist of a majority of members from the combined authority’s constituent councils

(1)

See paragraph 3(5) of Schedule 5A to the Local Democracy, Economic Development and Construction 2009 Act for the meaning of “appropriate person”.

(2)

2000 c. 22. Sections 9FG and 9GA were inserted by section 21 of and Schedule 2 to the Localism Act 2011 (c. 20).