PART 3E+WOverview and Scrutiny

Duties in relation to overview and scrutinyE+W

Duty to co-operate on overview and scrutinyE+W

8.—(1) This Regulation applies where—

(a)a relevant overview and scrutiny committee (“the committee”) makes a report or recommendations under section 21(2)(e) of the 2000 Act, and

(b)the report or recommendations relate to the exercise of a function of a corporate joint committee.

(2) The corporate joint committee must co-operate with the committee and give it such reasonable assistance as it requests in connection with the exercise of its functions.

(3) Assistance provided under paragraph (2) may include—

(a)arranging for a member of the corporate joint committee to attend and answer questions at a meeting of the committee;

(b)arranging for a member of the staff of the corporate joint committee to attend and answer questions at a meeting of the committee;

(c)providing information;

(d)providing copies of documents in the possession or under the control of the corporate joint committee.

(4) Where the committee requests that the corporate joint committee provides confidential or exempt information, or a copy of any document or part of a document that contains confidential or exempt information, paragraph (2) does not require the corporate joint committee to provide such information or document to the committee unless the information is relevant.

(5) For the purposes of paragraph (4) information is relevant if a proper officer of the corporate joint committee determines that the information—

(a)relates to an action or decision that is being reviewed or scrutinised by the committee, or

(b)is relevant to any review contained in any programme of work of the committee.

(6) Nothing in this regulation permits the disclosure of confidential or exempt information by an overview and scrutiny committee other than may be authorised by any other enactment.

(7) For the purposes of this regulation a “relevant overview and scrutiny committee”, in relation to a corporate joint committee is—

(a)an overview and scrutiny committee appointed by a constituent council under section 21(2) of the 2000 Act;

(b)a joint overview and scrutiny committee appointed under the Local Authorities (Joint Overview and Scrutiny Committees) (Wales) Regulations 2013(1) where the appointing authorities are constituent councils of the corporate joint committee;

(c)a sub-committee of a committee described in paragraph (a) or (b).

Duty to have regardE+W

9.—(1) This regulation applies where—

(a)regulation 8 applies, and

(b)the committee publishes the report or recommendation under—

(i)section 21B(2) of the 2000 Act;

(ii)regulation 13(2) of the Local Authorities (Joint Overview and Scrutiny Committees) (Wales) Regulations 2013.

(2) The corporate joint committee must—

(a)consider the report or recommendation, and

(b)publish a statement setting out the steps it intends to take in light of the report or recommendation in exercising its functions.

(3) A statement under paragraph (2)(b) must be published before the end of the period of 2 months beginning with the day the report by the committee is published.

(4) Regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (discharge of functions by other persons)(2) does not apply to the duty imposed by paragraph (2)(a).

Exempt InformationE+W

10.—(1) The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part 4 of Schedule 12A to the Local Government Act 1972 as modified in its application to this Part by paragraph (2) subject to any qualifications contained in Part 5 of that Schedule as so modified.

(2) For the purposes of paragraph (1), Parts 4 to 6 of Schedule 12A to the Local Government Act 1972 apply as if, for paragraph 22(2) of that Schedule, there were substituted—

“(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the corporate joint committee or, as the case may be, the sub-committee of the corporate joint committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a)in the case of a corporate joint committee, to any sub-committee of the corporate joint committee, and

(b)in the case of a sub-committee, to the corporate joint committee of which it is a sub-committee.”

Governance and audit sub-committeesE+W

Appointment of a chairperson and deputyE+W

11.—(1) A governance and audit sub-committee of a corporate joint committee must appoint—

(a)a chairperson, and

(b)a deputy chairperson.

(2) The chairperson and the deputy chairperson must be appointed from among the members of the governance and audit sub-committee.

(3) The member appointed as the chairperson may not also be a member of a county council or county borough council in Wales.

Proceedings etc.E+W

12.—(1) A meeting of the governance and audit sub-committee of a corporate joint committee (“the sub-committee”) is to be chaired—

(a)by the chairperson, or

(b)if the chairperson is absent, the deputy chairperson.

(2) If both the chairperson and the deputy chairperson are absent the sub-committee may appoint another of its members to chair the meeting.

(3) All members of the sub-committee may vote on any question that falls to be decided by the sub-committee.

(4) The sub-committee may—

(a)require members and members of staff of the corporate joint committee to attend before it to answer questions, and

(b)may invite other persons to attend meetings of the sub-committee.

(5) It is the duty of any member or member of staff of the corporate joint committee to comply with any requirement imposed under paragraph (4)(a).

(6) But a person is not obliged under paragraph (5) to answer any question which the person would be entitled to refuse to answer in, or for the purposes of, proceedings in a court in England and Wales.

Frequency of governance and audit sub-committee meetingsE+W

13.—(1) The governance and audit sub-committee of a corporate joint committee (“the sub-committee”) must meet once in every calendar year.

(2) The sub-committee must also meet if—

(a)the corporate joint committee resolves that the sub-committee should meet, or

(b)at least one-third of the members of the sub-committee requisition a meeting by one or more notices in writing given to the chairperson.

(3) It is the duty of the person who chairs the sub-committee to secure that meetings of the sub-committee are held as required by paragraphs (1) and (2).

(4) This regulation does not prevent the sub-committee from meeting otherwise than as required by this regulation.

Interpretation etc.E+W

Interpretation of this PartE+W

14.  In this Part—

“confidential information” (“gwybodaeth gyfrinachol”) means—

and in either case a reference to the obligation of confidence is to be construed accordingly;

“constituent council” (“cyngor cyfansoddol”) in relation to a corporate joint committee means a constituent council as set out in the regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing that corporate joint committee;

“exempt information” (“gwybodaeth esempt”) has the meaning given in regulation 10;

“governance and audit sub-committee” (“is-bwyllgor llywodraethu ac archwilio”) in relation to a corporate joint committee, means the sub-committee of that name appointed by the corporate joint committee under regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.