The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024
| Jurisdiction | UK Non-devolved |
| Citation | SI 2024/430 |
| Year | 2024 |
2024 No. 430
Local Government, England
The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024
Made 26th March 2024
Coming into force in accordance with regulation 1(2)
The Secretary of State makes the following Regulations, in exercise of the powers conferred by section 9H(4) of the Local Government Act 20001, sections 114, 116 and 117 of, and paragraphs 3 and 4(3) of Schedule 5A to, the Local Democracy, Economic Development and Construction Act 20092(“the 2009 Act”) and sections 53 and 252 of, and paragraphs 3 and 4(3) of Schedule 1 to, the Levelling-up and Regeneration Act 20233(“the 2023 Act”).
A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 117(2) of the 2009 Act and section 252(4) of the 2023 Act.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024.
(2) These Regulations come into force on—
(a)
(a) the day after the day on which they are made in relation to—
(i) this regulation;
(ii) regulations 12 and 17 as they apply to combined authorities; and
(iii) regulations 18 to 26; and
(b)
(b) 7th May 2024 in relation to—
(i) regulations 12 and 17 as they apply to combined county authorities; and
(ii) all other regulations.
PART 2
Amendment of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017
Amendment of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017
2. The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 20174is amended in accordance with this Part.
Article 2 (interpretation)
3. In article 25(interpretation)—
(a) in paragraph (1)—
(i) in the appropriate places insert—
“
“the 2023 Act” means the Levelling-up and Regeneration Act 2023;
”
“
“independent remuneration panel” has the meaning given in article 16;
”
“
“principal council” has the same meaning as in the Local Government Act 19726;
”
“
“substitute member” means any person appointed to act as a member of a combined authority or, as the case may be, of a combined county authority, in the absence of a member of that authority;
”;
(ii) in the definition of “mayor”, at the end insert “or, as the case may be, for the area of a combined county authority established in regulations made under section 27 of the 2023 Act”;
(iii) in the definition of “non constituent council”, for “non constituent” substitute “non-constituent” in both places those words occur;
(iv) omit the definition of “principal authority”, and “and” at the end of that definition;
(b) after paragraph (2) insert—
“
3 For the purposes of this Order, any reference to a council which can nominate a non-constituent member of a combined authority or a combined county authority, means any council which has been designated as a nominating body in relation to the appointment of a non-constituent member of a combined authority or, as the case may be, a combined county authority, or is a member of a body which has been so designated—
(a) in the case of a combined authority, under section 104A(1)7of the 2009 Act; or
(b) in the case of a combined county authority, under section 11(1) of the 2023 Act.
4 For the purposes of this Order, an elected mayor (as defined in section 9H(1) of the Local Government Act 20008) of any council is to be treated as a member of that council.
Article 3 (overview and scrutiny committees)
4. In article 3 (overview and scrutiny committees)—
(a) in paragraph (1), after “authority’s” in both places it occurs, insert “or, as the case may be, combined county authority’s,”;
(b) in paragraph (4), after “authority” insert “or, as the case may be, combined county authority”.
Article 4 (appointment of members)
5. In article 4 (appointment of members)—
(a) in paragraph (1), after “authority” insert “or, as the case may be, combined county authority,”;
(b) in paragraph (2)(a), after “authority” insert “or, as the case may be, combined county authority,”.
Article 5 (appointment of chair)
6. In article 5 (appointment of chair)—
(a) in paragraph (1), after “Act” insert “, in the case of a combined authority, or in accordance with provision made under paragraph 3 of Schedule 1 to the 2023 Act, in the case of a combined county authority”;
(b) for paragraph (2) substitute—
“
2 A person is independent if the person—
(a) is not a member or substitute member, or officer, of the combined authority, or, as the case may be, combined county authority;
(b) is not a member, co-opted member, or officer of a principal council or parish council, whose area is within the area of the combined authority, or, as the case may be, the combined county authority;
(c) is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and
(d) was not—
(i) a member or substitute member, or officer, of the authority, or
(ii) a member, co-opted member, or officer of a principal council or parish council, whose area is within the area of the authority,
at any time during the five years ending with an appointment as chair of the overview and scrutiny committee under arrangements made by the authority in accordance with paragraph 3(4)(a) of Schedule 5A to the 2009 Act, in the case of a combined authority, or paragraph 3(4)(a) of Schedule 1 to the 2023 Act, in the case of a combined county authority.
”;
(c) in paragraph (3)—
(i) in sub-paragraph (a), after “authority” insert “or, as the case may be, combined county authority,”;
(ii) in sub-paragraphs (b) and (c), after “authority” insert “or, as the case may be, combined county authority”;
(d) in paragraph (5), after “Act” insert “in the case of a combined authority, or in accordance with provision made under paragraph 3(4)(b) of Schedule 1 to the 2023 Act, in the case of a combined county authority”;
(e) in paragraph (6)(a), after “authority” insert “or, as the case may be, on the combined county authority”.
Article 6 (reference of matters to overview and scrutiny committees)
7. In article 6 (reference of matters to overview and scrutiny committees)—
(a) in paragraph (1)—
(i) in the opening words, after “authority” insert “or, as the case may be, combined county authority,”;
(ii) in sub-paragraph (c)—
(aa) after “member” insert “or substitute member”;
(bb) after “authority” insert “or, as the case may be, combined county authority,”;
(iii) after sub-paragraph (c) omit “and”;
(iv) for sub-paragraph (d) substitute—
“
(d)
(d) any member of a constituent council, non-constituent council or principal council which can nominate a non-constituent member of the combined authority, or, as the case may be, of the combined county authority, to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter; and
(e)
(e) any other principal council whose area is within the area of the combined county authority, but not a member of that council, to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter, and is related to the area of that principal council.
”;
(b) in paragraph (2)—
(i) after “authority” insert “or, as the case may be, combined county authority,”;
(ii) after “member” in the first place it occurs substitute “or substitute member”;
(iii) after “(d)” insert “or a council mentioned in paragraph (1)(e)”;
(iv) after “member” in the second place it occurs insert “, substitute member or council”;
(c) for paragraph (3) substitute—
“
3 Paragraphs (4) to (7) apply where a matter is referred to an overview and scrutiny committee by—
(a) a member or substitute member of a combined authority or, as the case may be, a member or substitute member of a combined county authority,
(b) a member of a constituent council,
(c) a member of a non-constituent council,
(d) a member of a principal council which can nominate a non-constituent member,
(e) a principal council referred to in paragraph (1)(e),
in accordance with arrangements made by the combined authority or, as the case may be, the combined county authority, pursuant to paragraph (1)(c), (d) or (e).
”;
(d) for paragraph (4) substitute—
“
4 In considering whether or not to exercise any of the powers under arrangements made in accordance with—
(a) paragraph 1(2)(a) or (3)(a) of Schedule 5A to the 2009 Act in the case of a combined authority, or
(b) paragraph 1(2)(a) or (3)(a) of Schedule 1 to the 2023 Act in the case of a combined county authority,
in relation to a matter referred to the committee, the committee must have regard to any representations made by the member, substitute member or council as to why it would be appropriate for the committee to exercise any of these powers in relation to the matter.
”;
(e) in paragraph (5)—
(i) for “paragraph 1(2)(a)” to “Act” substitute “the provisions specified in paragraph (4)”;
(ii) after “member” insert “, substitute member or council”;
(f) in paragraph (6)—
(i) after “member” in both places it occurs insert “, substitute member or council”;
(ii) after “Act” insert “in the case of a combined authority, or...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
