Legislation relating to Scrutiny

1.

Overview and scrutiny was a process introduced as part of the Local Government Act 2000. The Act modernised the decision making processes of local authorities and replaced the traditional committee based decision making. In authorities where Cabinets (or Executives) were established there had to be provision for an overview and scrutiny function. The way overview and scrutiny was to be organised was left to each individual authority.

2.

Subsequent to the 2000 Act the Health and Social Care Act 2001 placed a responsibility for health scrutiny on local authorities. This function within the Council is undertaken by the Policy Commission for Care, Health and Housing.

3.

Section 115 of The Local Government Act 2003 enabled authorities to establish a scheme for co-optees on overview and scrutiny functions. The Council agreed to such a scheme on 14 September 2005.

4.

More recently The Police and Justice Act 2006 contained provisions in relation to the scrutiny of crime and disorder matters. Guidance on how this is to be operated is awaited. The Council has however taken a decision, at its meeting on 18 April 2007, that the Scrutiny Committee will sit periodically as the Crime and Disorder Committee to discharge the duties of Section 19 of the Act.

5.

The Government’s White Paper “Strong and Prosperous Communities” also had implications for the Council’s scrutiny functions. The Local Government and Public Involvement in Health Bill includes similar provisions as those contained within The Police and Justice Act 2006 to deal with a Community Call for Action (CCfA).

6.

A number of public service providers will be required to co-operate with Scrutiny Committees and either appear before them or supply relevant information:

7.

The Committee’s terms of reference was amended by full Council, on 18 April 2007, to reflect the requirements currently contained within the draft Bill.