APPENDIX 2

Terms of Reference & Membership

11 members including a majority AND a chair and vice chair who are not members of the majority political group on the Council. No Cabinet Member, Commissioner or Cabinet Secretary will be a member of the Scrutiny Committee.

(1) To undertake the statutory functions of overview and scrutiny except insofar as:

(a) they relate to health scrutiny, or

(b) statutory education scrutiny functions

where, in each case those overview and scrutiny functions are undertaken by one of the Policy Commissions, or

(2) In order to prevent duplication of policy development and scrutiny, no enquiry will be will be undertaken by the Scrutiny Committee where the proposed enquiry is the subject of an ongoing enquiry by one of the Policy Commissions; has been the subject of such an enquiry completed within the last 6 months, or will be the subject of such an enquiry planned to commence within the next 3 months.

(3) To undertake enquiries into the budget and policy framework of the Council, exclusively at a political and strategic level.

(4) To adopt and deliver a work programme which reflects the priorities of the administration, corporate strategic objectives and the priorities of scrutiny members and the communities they serve.

(5) To play a leading role in the development of an annual revenue budget.

(6) To play a leading role in the development of the Policy Framework.

(7) To maintain and operate a system of call-in as a safety net in the event of a Cabinet decision which proves unexpectedly controversial.

(8) Enquiries will be time limited, to published terms of reference and lead to recommendations which are directed to named individuals and are clear, measurable, achievable, resourced, time bound and based on evidence received.

Quorum

Quorum will be 4 members. In the absence of both the Chair and Vice Chair the Committee will elect a chair for that meeting.

Agenda

The Chair of the Scrutiny Committee in consultation with Proper Officer will agree an agenda for each meeting. There will be a presumption that no agenda will require more than two hours to complete.

Any member of the Committee may place an item on the agenda by giving notice to the Proper Officer.

Call-in

Any 4 members of the Scrutiny Committee may sign a call-in notice in relation to any decision by the Cabinet member or an officer exercising a delegation from the Leader of the Council. On receipt of a call-in notice the Proper Officer will:

· Stop implementation of the decision.

· Call a meeting of the Scrutiny Committee, to meet within seven working days

When considering a call-in notice the Committee may:

(i) Endorse the decision.

(ii) Refer the decision back to the decision-maker with recommendations.

(iii) Refer the decision to another body, with recommendations.

(iv) Add an enquiry to its own work programme

(v) If advice has been received that the decision is outside of the Budget and Policy Framework refer the advice to Full Council with a recommendation that the Budget or Policy Framework be amended.

Only in (v) is implementation of the decision prevented after the meeting of the Committee has disposed of the call-in.

Attendance and Speaking at The Scrutiny Committee

· Unless the law requires or allows otherwise meetings of the Committee will be in public.

· The chair has an obligation to enable members of the public, stakeholders and community representatives to make representations to the Committee in order to assist to agree a work programme and to undertake specific enquiries.

Reports

The Scrutiny Committee may take reports to the Cabinet, Cabinet Members or the Full Council.

Urgency

Decision makers may need to take decisions under the urgency provisions in the Access to Information Rules and/or the Budget and Policy Development Rules.

In each case the Call-in arrangements may be abridged or disapplied if to do so is necessary to safeguard the interests of the Council or of the public. In any such case reasons for the disapplication will be given.

Task and Finish Groups

The Scrutiny Committee may establish working parties or other task and finish groups. These groups will be time limited, have clear terms of reference, may include members other than elected members and will not be committees or sub-committees under the law.

Voting

Any vote shall be by show of hands. A simple majority prevails and in the event of a tied vote the chairman has a casting vote.