Overview and Scrutiny - Legislation
Local Government Act 2000
Overview and scrutiny is a relatively new function for local councils and was introduced as part of the modernisation of local government via Section 21 of the Local Government Act 2000 which requires every local authority to have at least one overview and scrutiny committee. The purpose of the committee is to hold the executive to account; undertake policy development and review; monitor and improve performance; investigate issues of public concern; and external scrutiny including health.
Health and Social Care Act 2001
Section 7 of the Health and Social Care Act 2001 gives statutory functions in relation to the reviewing and scrutinising of local health service matters to overview and scrutiny committees of local authorities that hold responsibility for social services. The powers of overview and scrutiny of the National Health Service (NHS) enable committees to review any matter relating to the planning, provision and operation of health services in the area of its local authority. Health bodies have a statutory duty to provide the overview and scrutiny committee with any reasonable information about the planning and operation of health services in its area and regulations require Chief Executives of local NHS bodies to come before the committee to answer questions if requested.
The Act also imposes a duty on NHS bodies to consult the local overview and scrutiny committee on substantial developments of, or variations to, the health service in the council’s area as well as their annual statement to the Healthcare Commission on how they have complied with the NHS core standards. Should overview and scrutiny committees consider that the process of an NHS body’s consultation has been inadequate it will have the right to refer it to the Secretary of State.
Local Government Act 2003
The above Act modifies the Local Government Act 2000 so as to provide local authorities in England with a power to grant voting rights to co-opted members of overview and scrutiny committees who are not elected members of the authority. This power may only be used in accordance with a scheme made by the local authority and the Secretary of State is empowered to make regulations in relation to the exercise by authorities of this power.
Police and Justice Act 2006
The Police and Justice Act, which has yet to come into effect, introduces the 'Community Call to Action' arising from the Government's ‘Respect’ agenda which covers a wide range of preventative and punitive measures in areas such as parenting, schools, housing, community and local public services. The Act states that every local authority shall ensure that it has a crime and disorder overview and scrutiny committee with power to review or scrutinise decisions made, or other action taken, in connection with the discharge of crime and disorder functions and to make reports or recommendations to the local authority or its executive with respect to the discharge of those functions. A related piece of legislation may require councils for the local government areas in question to appoint a joint crime and disorder overview and scrutiny committee of those councils to exercise crime and disorder scrutiny functions in relation to any, or all, of them.
Local Government and Public Involvement in Health Bill
This wide ranging Bill, yet to be enacted, includes the process called a "Community Call for Action". It requires each local authority operating executive arrangements to ensure its overview and scrutiny arrangements enable any member of the authority to refer a local government matter to the relevant overview and scrutiny committee. (Section 21 of the Local Government Act 2000 empowers overview and scrutiny committees to review or scrutinise decisions made, and to make reports and recommendations about matters whether or not they are the responsibility of the Executive; and to make reports or recommendations on matters which affect the authority's area.) The purpose of clause 167 is to ensure transparency and accountability by allowing records of decisions or actions taken as a result of a Community Call for Action to be made available to the public.
By virtue of clause 166 of the Bill, an authority can make arrangements for individual members to exercise functions of the authority in relation to the electoral division or ward for which the member is elected. Clause 93, inserts a provision in section 21 of the Local Government Act 2000 allowing overview and scrutiny committees to require such members to appear before the committee to answer questions in relation to any functions that they exercise.
Powers to require information from partner authorities are in clause 94 of the Bill which provides for the Secretary of State to make regulations which determine what information relevant partner authorities must provide, or may not disclose, to relevant overview and scrutiny committees.
Clause 95 applies in relation to the submission of overview and scrutiny reports or recommendations to the Council, the Executive or relevant partner authorities and stipulates how these should be responded to. The treatment of confidential information in reports is also addressed.
The above legislation together with regulations made thereunder can be viewed on the Office of Public Sector Information Website.
 |
Listen |  |
Feedback |  |
