A–Z index:

Part 4 - Overview and Scrutiny Procedure Rules

1. What will be the number and arrangements for overview and scrutiny committees?

The Council will have the overview and scrutiny committees and panels set out in Article 6 and will appoint to them as it considers appropriate from time to time. Such committees and panels may appoint sub-committees and or working groups. Overview and scrutiny committees, panels and working groups may be appointed for a fixed period to carry out a specific task, on the expiry of which they shall cease to exist.

2. A Co-ordinating Overview and Scrutiny Committee

To approve the overview and scrutiny work programme, including the programme of any sub-committees, panels and working groups it appoints, to ensure that there is efficient use of the committee's and sub-committees' time, and that the potential for duplication of effort is minimised.
Where matters fall within the remit of more than one overview and scrutiny panel, to determine which of them will assume responsibility for any particular issue, and to resolve any issues of dispute between overview and scrutiny panel.
To receive requests from the executive and/or the full Council for reports from overview and scrutiny panels and to allocate them if appropriate to one or more overview and scrutiny panels.
To put in place and maintain a system to ensure that referrals from overview and scrutiny panels to the executive either by way of report or for reconsideration are managed efficiently and do not exceed any limits set out in this Constitution.
At the request of the executive, to make decisions about the priority of referrals made in the event of reports to the executive exceeding any limits in this Constitution, or if the volume of such reports creates difficulty for the management of executive business or jeopardises the efficient running of Council business.
To have the powers of an overview and scrutiny committee in relation to executive decisions made but not implemented as set out in section 21(3) of the Local Government Act 2000, as do all other overview and scrutiny panels.
Overseeing the implementation of the Scrutiny Review recommendations;
Keeping under review the matters covered by the Review
The review and amendment of the policy for officers involved in scrutiny to oversee the training;
Development for members and officers on all aspects of the scrutiny role;
To appoint five representatives to form a health scrutiny working group;
To consider requests for scrutiny reviews in relation to health matters when the request emanates from either an internal or an external source;
To choose and priorities topics for health scrutiny bearing in mind available resources and the work programme of the District Council Scrutiny Panels in terms of work load, the County Council Health Scrutiny Committee in terms of preventing duplication (whether these suggestions come from the District or the County Council);
To commission research, where appropriate, into areas relating to health of particular concern;
To establish task and finish working groups to look into health issues of particular concern when it considers such issues arise;
To decide the membership, timescale and scope of each task and finish health review;
To nominate two representatives to sit on the Wiltshire County Council Health Scrutiny Committee;
To monitor the Health Scrutiny Work Programme in terms of the human and financial resources required.

3. Who may sit on overview and scrutiny committees?

All councillors except members of the executive may be members of an overview and scrutiny committee or panel. However, no member may be involved in scrutinising a decision which he/she has been directly involved.

4. Co-optees

Each overview and scrutiny committee or panel shall be entitled to recommend to Council the appointment of a number of people as non-voting co-optees.

5. Meetings of the overview and scrutiny panels

There shall be at least 2 ordinary meetings of each overview and scrutiny panels in each year. In addition, extraordinary meetings may be called from time to time as and when appropriate. An overview and scrutiny panel meeting may be called by the chair of the relevant overview and scrutiny panel, by any 4 members of the panel or by the proper officer if he/she considers it necessary or appropriate.

6. Quorum

The quorum for an overview and scrutiny panel shall be one quarter of the membership or at least 5.

7. Who chairs overview and scrutiny committee meetings ?

The overview and scrutiny panels (currently (1) Resources, (2) Environmental & Transport, (3) Community & Housing, (4) Planning & Economic Development will be chaired by a councillor drawn from a group on the Council which does not form the administration, unless there is no such person serving on the committee or panel. In such cases, the committee or panel may appoint such person to chair it from amongst the councillors sitting on it.
The Chairman of the Overview and Scrutiny Co-ordinating Committee will be drawn from among the Councillors sitting on the Committee and subject to this requirement the Committee may appoint such a person as it considers appropriate as Chairman.

8. Work programme

The co-ordinating overview and scrutiny committee will be responsible for setting the scrutiny panels' work programmes and in doing so will take into account the wishes of members on those scrutiny panels who are not members who belong to the Group(s) which form the administration.

9. Agenda items

Any member of an overview and scrutiny committee or panel shall be entitled to give notice to the Proper Officer that he/she wishes an item relevant to the functions of the committee or panel to be included on the agenda for the next available meeting of the committee or panel. On receipt of such a request the proper officer will ensure that it is included on the next available agenda. Any member of the Council who are not members of the overview and scrutiny panel may give written notice to the proper officer that they wish an item to be included on the agenda of that relevant overview and scrutiny panel. If the proper officer receives such a notification, then he/she will include the item on the first available agenda of the relevant overview and scrutiny panel for consideration by the panel.The overview and scrutiny panel shall also respond, as soon as their work programme permits, to requests from the Council and if it considers it appropriate the executive to review particular areas of Council activity. Where they do so, the overview and scrutiny panel shall report their findings and any recommendations back to the executive and/or Council. The Council and/or the executive shall consider the report of the overview and scrutiny panel within one month of receiving it.

10. Policy review and development

The role of the overview and scrutiny panels in relation to the development of the Council's budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules.
In relation to the development of the Council's approach to other matters not forming part of its policy and budget framework, overview and scrutiny panels may make proposals to the executive for developments in so far as they relate to matters within their terms of reference.
Overview and scrutiny panels may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration and may pay to any advisers, assessors and witnesses a reasonable fee and expenses for doing so.

11. Reports from overview and scrutiny committee

Once it has formed recommendations on proposals for development, the overview and scrutiny panel will prepare a formal report and submit it to the proper officer for consideration by the executive (if the proposals are consistent with the existing budgetary and policy framework), or to the Council as appropriate (eg if the recommendation would require a departure from or a change to the agreed budget and policy framework).
If an overview and scrutiny committee cannot agree on one single final report to the Council or executive as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or executive with the majority report.
The Council or executive shall consider the report of the overview and scrutiny committee within 6 weeks of its being submitted to the proper officer.

12. Making sure that overview and scrutiny reports are considered by the executive

Once an overview and scrutiny report on any matter which is the responsibility of the executive has been completed, it shall be included on the agenda of the next available meeting of the executive. If for any reason the executive does not consider the overview and scrutiny report within 6 weeks then the matter will be referred to Council for review, and the proper officer will call a Council meeting to consider the report and make a recommendation to the executive.

13. Rights of overview and scrutiny committee members to documents

In addition to their rights as councillors, members of overview and scrutiny panels have the additional right to documents, and to notice of meetings as set out in the Access to Information Procedure Rules in Part 4 of this Constitution.
Nothing in this paragraph prevents more detailed liaison between the executive and overview and scrutiny committee as appropriate depending on the particular matter under consideration.

14. Members and officers giving account

Any overview and scrutiny panel may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any member of the executive, the Head of Paid Service and/or any senior officer to attend before it to explain in relation to matters within their remit:
1. any particular decision or series of decisions;
2. the extent to which the actions taken implement Council policy; and/or
3. their performance. and it is the duty of those persons to attend if so required.
Where any member or officer is required to attend an overview and scrutiny panel under this provision, the chair of that committee will inform the proper officer. The proper officer shall inform the member or officer in writing giving at least 10 working days notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the committee. Where the account to be given to the committee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.
Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the overview and scrutiny panel shall in consultation with the member or officer arrange an alternative date for attendance to take place within a maximum of 10 days from the date of the original request.

15. Attendance by others

An overview and scrutiny panel may invite people other than those people referred to in paragraph 14 above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from Trade Unions, residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend.

16. Call-in

Call-in should only be used in exceptional circumstances. These are where members of the appropriate overview and scrutiny committee have evidence which suggest that the executive did not take the decision in accordance with the principles set out in Article 13 (Decision Making) ie outside policy framework or budget.

When a decision is made by [the executive, an individual member of the executive or a committee of the executive, or a key decision is made by an officer with delegated authority from the executive, or an area committee or under joint arrangements, the decision shall be published, including where possible by electronic means, and shall be available at the main offices of the Council normally within 3 working days of being made. Chairs of all overview and scrutiny committees panels will be sent copies of the records of all such decisions within the same timescale, by the person responsible for publishing the decision. Where the chairman is of the same party as the administration, copies of the decisions will be sent to all members of the committee.
That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, on the expiry of 5 working days after the publication of the decision, unless an overview and scrutiny panel objects to it and calls it in.
During that period, the proper officer shall call-in a decision for scrutiny by the panel if so requested by the chair or any [three] members of the panel, and shall then notify the decision-taker of the call-in. He/she shall call a meeting of the panel on such date as he/she may determine, where possible after consultation with the chair of the panel, and in any case within 5 days of the decision to call-in.
If, having considered the decision, the overview and scrutiny panel is still concerned about it, then it may refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or refer the matter to full Council which shall consider it within 20 working days [referrals to council shall only be where it is considered a decision has been taken outside the policy framework]. If referred to the decision maker they shall then reconsider within a further 10 working days, amending the decision or not, before adopting a final decision.
If following an objection to the decision, the overview and scrutiny committee does not meet in the period set out above, or does meet but does not refer the matter back to the decision making person or body, the decision shall take effect on the date of the overview and scrutiny meeting, or the expiry of that further 5 working day period, whichever is the earlier.
If the matter was referred to full Council and the Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the Council does object, it has no locus to make decisions in respect of an executive decision unless it is contrary to the policy framework, or contrary to or not wholly consistent with the budget. Unless that is the case, the Council will refer any decision to which it objects back to the decision making person or body, together with the Council's views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it within 10 days.
If the Council does not meet, or if it does but does not refer the decision back to the decision making body or person, the decision will become effective on the date of the Council meeting or expiry of the period in which the Council meeting should have been held, whichever is the earlier.
Where an executive decision has been taken by an area committee, then the right of call-in shall extend to any 3 members of another area committee if they are of the opinion that the decision made but not implemented will have an adverse effect on the area to which their committee relates. In such cases, those 3 members may request the proper officer to call-in the decision. He/she shall call a meeting of the relevant overview and scrutiny committee on such a date as he/she may determine, where possible after consultation with the chairman of the committee, and in any case within five days of the decision to call-in. All other provisions relating to call in shall apply as if the call in had been exercised by members of a relevant overview and scrutiny committee.

Call-in Urgency

The call-in procedure set out above shall not apply where the decision being taken by the executive is urgent. A decision will be urgent if any delay likely to be caused by the call in process would for example - seriously prejudice the Council's or the publics interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The chairman of the council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the chairman, the vice-chair's consent shall be required. In the absence of both, the head of paid service or his/her nominee's consent shall be required. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.

17. The Party Whip

When considering any matter in respect of which a member of an overview and scrutiny committee is subject to a party whip the member must declare the existence of the whip, and the nature of it before the commencement of the committee's deliberations on the matter. The declaration, and the detail of the whipping arrangements, shall be recorded in the minutes of the meeting.

18. Procedure at Overview and Scrutiny Panel Meetings

Overview and scrutiny panels and sub-panels shall consider the following business:
1. minutes of the last meeting;
2. declarations of interest (including whipping declarations);
3. consideration of any matter referred to the panel for a decision in relation to call in of a decision;
4. responses of the [executive] to reports of the overview and scrutiny panel; and
5. the business otherwise set out on the agenda for the meeting.
Where the overview and scrutiny panel conducts investigations (e.g. with a view to policy development), the panel may also ask people to attend to give evidence at panel meetings which are to be conducted in accordance with the following principles:
1. that the investigation be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees, and to contribute and speak;
2. that those assisting the committee by giving evidence be treated with respect and courtesy; and
3. that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.
Following any investigation or review, the panel/sub-panel shall prepare a report, for submission to the executive and/or Council as appropriate and shall make its report and findings public.

19. Matters within the remit of more than one overview and scrutiny panel

Where a matter for consideration by an overview and scrutiny panel also falls within the remit of one or more other overview and scrutiny panel, the decision as to which overview and scrutiny panel will consider it will be resolved by the co-ordinating committee.

Resources Overview and Scrutiny Panel

Membership

Up to 14 non executive councillors appointed by the Council

Terms of Reference

To perform the overview and scrutiny role in relation to the following matters:

to assist the executive in the development of the Council's annual budget and to review and scrutinise the Council's performance in relation to budgetary management;
to assist the Council in the development of a 3 year budget strategy;
to review the management of resources made available to the Council and to scrutinise its financial management, property and asset acquisition and disposal, and capital programme;
to assist the executive in the development of a Council wide property and asset strategy;
to promote procedures which ensure proper custodianship of Council finances, making recommendations to the executive for best financial practice across the Council;
to review the operation of the Council's financial regulations making proposals to the executive and/or Council for their development;
to receive reports from the district auditor, and the Council's internal auditor making suggestions for improvement in practice to Council and/or executive as required as a result of those reports;
Human Resources
IT
Corporate Management including Best Value

Environment and Transport Overview and Scrutiny Panel

Membership

Up to 14 non executive councillors appointed by the Council.

Terms of Reference

To perform the Overview and Scrutiny Role in relation to

Transportation
Environmental Strategy

Community and Housing Overview and Scrutiny Panel

Membership

Up to 14 Non executive councillors appointed by the Council.

Terms of reference

To perform the Overview and Scrutiny Role in relation to:

Housing including the enabling role and management of Housing Stock
Community Safety
Social Inclusion
Young People
Equality and Diversity
Culture, Arts, Sport and Community Organisations
Public Amenities
Community Planning

Planning and Economic Development Overview and Scrutiny Panel

Membership

Up to 14 Non executive councillors appointed by the Council.

Terms of reference

To perform the Overview and Scrutiny Role in relation to:

Planning policy (including Local Plan)
Economic Development
Tourism

Information:

Contact details:

Telephone:
01722 434345

email:
dsumail@salisbury.gov.uk

Postal address:
Democratic Services
Salisbury District Council
PO Box 2117
Salisbury
SP2 2DF