Part 2 Article 6 - Overview and Scrutiny Committees
To be read in conjunction with Part 4 of the Constitution.
6.01 Terms of Reference
The Council will appoint an Overview
and Scrutiny coordinating Committee plus 4 overview and scrutiny panels as set out at 1-4 below to discharge
the functions conferred by section 21 of the Local Government Act 2000 or Regulations [proposed] under
Section 32 of the Local Government Act 2000 in relation to the matters set out below:
- Resources - covering - Finance, Land, IT,
Personnel, Corporate Management including Best Value
- Environment and Transport - covering - Transportation, Environment
Strategy
- Community and Housing - covering - Housing , Community Safety,
Social Inclusion, Young People, Equality and Diversity, Culture, Art, Sport, Public Amenities and Community
Organisations.
- Planning & Economic Development - covering - Economic Development,
Tourism, Rural Regeneration and Planning Policy (including Local Plan)
6.02
Role of Scrutiny Co-ordinating Committee
To approve the overview and scrutiny
work programme and decide allocation of work between panels where functions overlap or disputes arise
6.03 General Role of Panels
Within their terms of reference,
overview and scrutiny panels will:
- review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council's functions;
- make reports and/or recommendations to the full Council and/or the executive and/or any joint or area committee in connection with the discharge of any functions;
- consider any matter affecting the area or its inhabitants; and
- exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the executive and/or any area committee.
6.04 Specific Functions
Policy development and review: Overview and scrutiny panels may:
- assist the Council and the executive in the development of its budget and policy framework by in-depth analysis of policy issues;
- conduct research, community and other consultation in the analysis of policy issues and possible options;
- consider and implement mechanisms to encourage and enhance community participation in the development of policy options;
- question members of the executive and senior officers about their views on issues and proposals affecting the area; and
- liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.
Scrutiny: Overview and scrutiny panels may:
- review and scrutinise the decisions made by and performance of the executive and council officers both in relation to individual decisions and over time;
- review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;
- question members of the executive and senior officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects.
In respect of Officers, the Panels will observe the following convention -
- Questions will be confined to matters of fact and explanation of policies and decisions
- Officers may explain -
- What the policies are
- Justification and objectives of policies
- Extent to which objectives have been met
- How administrative factors might have affected choice of measures and their implementation
- Officers may and should be asked to explain and justify advice given to the Executive and key decisions taken under delegation.
- Officers must avoid being drawn into the merits of policy alternatives and must remain politically impartial.
- make recommendations to the executive and/or Council arising from the outcome of the scrutiny process;
- review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the overview and scrutiny panel and local people about their activities and performance; and
- question and gather evidence from any person (with their consent).
Finance: Overview and scrutiny panels may exercise overall responsibility for the finances made available to them.
Annual Report: Overview and scrutiny panels must report annually to full Council on their workings and through the co-ordinating committee make recommendations for future work programmes and amended working methods if appropriate.
Officers: Overview and scrutiny panels may exercise responsibility for the work programme of the officers employed to support their work. (subject to coordination through the scrutiny coordinating committee)
6.05
Proceedings of Overview and Scrutiny Panels
Overview and scrutiny panels will
conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules set out in Part
4 of this Constitution.