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Corporate Scrutiny Committee

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·         Corporate Scrutiny Committee – Forward Work Programme

 

2.6 Article 6 – Scrutiny of Decisions

 

2.6.1 Composition

 

Each Scrutiny and Overview Committee, known as a Scrutiny Committee, shall have the number of members indicated in 2.6.2.1 below. The Chairperson and Vice-Chairperson of a Scrutiny Committee shall be appointed by each such Committee in each municipal year and, subject to the following, that appointment or any further appointment shall be for the remainder of that municipal year. The allocation of Chairs of Scrutiny Committees must follow the “Scrutiny Chair Allocations” table below.  The Chairperson of the Corporate Scrutiny Committee will be a member of the largest opposition group. Nominations to any and all posts held by opposition groups will be made by those individual groups and will be recognised by all members and will not be influenced by other groups or other members.

 

If a Chairperson or Vice-Chairperson of a Scrutiny Committee:

 

2.6.1.1 ceases to be a member of the Council (or a co-opted member, as the case may be) for any reason, or is suspended from such membership, or

 

2.6.1.2 is a member of a particular political group when appointed to be such Chairperson or Vice-Chairperson and that person subsequently ceases to be a member of that political group, for any reason, then that person’s position as Chairperson or Vice-Chairperson immediately ceases, there shall be a recalculation of the allocation of Scrutiny Chairs in accordance with the statutory requirements and the table below and each relevant Scrutiny Committee shall at its next meeting make a further appointment of Chairperson or Vice-Chairperson.

 

The political balance rules will apply but members of the Executive will not be eligible to be members of a Scrutiny Committee.

 

Scrutiny Chair Allocations

 

(i)  To Groups in the Executive

Number
of
Scrutiny
Committees

 Number of Members in Executive Groups

 

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

2

3

1

1

1

1

1

2

2

2

2

2

2

2

2

2

2

3

4

2

2

2

2

2

2

2

2

3

3

3

3

3

3

3

4

5

2

2

2

3

3

3

3

3

3

4

4

4

4

4

4

5

 

 

(ii)  To Opposition Groups

Number of Members in Executive Groups

Number

of

Scrutiny

Committees

 

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

0

2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

0

3

2

2

2

2

2

1

1

1

1

1

1

1

1

1

1

0

4

2

2

2

2

2

2

2

2

1

1

1

1

1

1

1

0

5

3

3

3

2

2

2

2

2

2

1

1

1

1

1

1

0

 

 

 

N.B.

(1) The tables show the total number of chairs held by all groups in the Executive, and all opposition groups. It does not show the number of chairs held by each individual group - unless there were only one group in either category. Chairs must be allocated between Executive groups and between opposition groups in proportion to their strength.

(2) This covers most foreseeable circumstances. But different allocation rules would apply if:

- there were no political groups within the Council, or only one;

- there were only two groups, and only one committee; or

- the Council decided to adopt other rules which were no less favourable to opposition groups.

(2) The formula used for Executive groups is:

Number of Members in Executive group(s) ÷ (total number of Members÷number of committees), rounding the result down.

For opposition groups, the formula is then simply:

number of committees - number of chairs held by Executive groups

 

2.6.2 Remit Uncertainty

 

Where matters fall within the remit of more than one Scrutiny Committee, the Chief Executive, or an Officer appointed to act on his / her behalf, shall decide which Committee, will deal with the matter(s) and this will include both the Scrutiny Committees power to call-in decisions.

 

2.6.2.1 Scrutiny Committees’ Names, Size and Terms of Reference

 

There shall be two Scrutiny Committees:

 

The Corporate Scrutiny Committee and, the Partnership and Regeneration Scrutiny Committee.

 

12 County Council Members shall be appointed to each Scrutiny Committee.

 

Parent Governor and Church representatives appointed in accordance with Paragraph 8-11 of Schedule 1 to the Local Government Act 2000 shall be invited to attend Scrutiny Committee meetings where the Authority’s education functions are to be discussed and shall be entitled to speak and vote on such matters only.

 

Additionally, the Partnership and Regeneration Scrutiny Committee may co-opt any person with the exception of an Executive Member, in respect of its crime and disorder functions, subject to the provisions of the Crime and Disorder (Overview and Scrutiny) Regulations 2009 and the Crime and Disorder (Overview and Scrutiny) (Amendment) Regulations 2010.

 

Each Scrutiny Committee may recommend that the Council appoint additional non-voting co-optees to each Scrutiny Committee.

 

2.6.2.2 Corporate Scrutiny Committee Terms of Reference

 

The focus of the Committee’s work will be to secure assurance regarding the performance / delivery of all services, ensuring the Council achieves its corporate and service objectives (as outlined in its Corporate Business Plan, Annual Budget, Budget and Policy Framework, Performance Management Framework, Corporate Policies or their successor plans and policies) and to support and make recommendations for continuous improvement.

 

To review or scrutinise decisions made, or other action taken in connection with the discharge by the Executive of its functions, and in respect of decisions made but “called in”, or otherwise not implemented, to recommend to the Executive that those decisions be reconsidered.

 

To review or scrutinise decisions made, or other action taken in connection with functions which are not the responsibility of the Executive, except that this power shall not extend to the scrutiny of individual decisions in respect of development control, licensing, registration or any other applications for consents or permissions.

To scrutinise the performance of services under the requirements of the Wales Programme for Improvement.

 

2.6.2.3 Partnership and Regeneration Scrutiny Committee Terms of Reference

 

The focus of the Committee’s work will be to ensure that the interests of the citizens of the Isle of Anglesey are promoted, and that the Council’s priorities and resources are most beneficially reflected, in the partnerships, joint working, collaboration and external agency arrangements, as exist from time to time. The remit of the Committee will extend to local, regional and national arrangements and will include (but will not be limited to) those areas in which the Council has a statutory duty such as crime and disorder matters.

 

Issues in relation to regeneration and the “Enterprise Island” concept (or successor plans and policies).

 

Receive information and presentations from external public sector agencies (e.g.  Betsi Cadwaladr University Health Board, North Wales Police Service , North Wales Fire and Rescue Service, Welsh Ambulance Service and Betsi Cadwaladr Local Community Health Council)  and scrutinise their work on the Island.

 

To review or scrutinise decisions made, or other action taken in connection with the discharge by the Executive of its functions, and in respect of decisions made but “called in”, or otherwise not implemented to recommend to the Executive that those decisions be reconsidered.

 

To review or scrutinise decisions made, or other action taken in connection with functions which are not the responsibility of the Executive, except that this power shall not extend to the scrutiny of individual decisions in respect of development control, licensing, registration or any other applications for consents or permissions.

To scrutinise the performance of services under the requirements of the Wales Programme for Improvement.

Fulfilling the function of the Crime and Disorder Committee in accordance with section 19(1) of the Police and Justice Act 2006 and Welsh Government Regulations. Specific Terms of Reference where this Committee is considering the exercise of powers relating to crime and disorder to include :

 

- to review and/or scrutinise decisions made or actions taken in connection with the discharge by the responsible authorities of their crime and disorder functions;

 

- to make reports and recommendations to the Council and/or the Executive with respect to the discharge of crime and disorder functions by the responsible authorities;

 

- to consider at a meeting of the committee any local crime and disorder matter referred to the committee by a member of the Council;

 

- to decide whether to make a report or recommendations to Council and/or the Executive in respect of a local crime and disorder matter, having regard to any representations made by that member as to why the committee should do so;

 

- to notify the member concerned of its decision and the reasons for its decision in any case where the committee decides not to make a report or recommendations in respect of a local crime and disorder matter;

 

- to provide a copy of any committee report or recommendations to the member concerned (in respect of a local crime and disorder matter) and to such responsible and co-operating persons or bodies, as it thinks appropriate;

 

- to review responses to committee reports and recommendations and to monitor action taken by responsible and co-operating persons or bodies in relation to the discharge of crime and disorder functions by the responsible authorities;

 

2.6.3 General role

 

Within their terms of reference, Scrutiny Committees will:

 

2.6.3.1 review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions;

 

2.6.3.2 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;

 

2.6.3.3 consider any matter affecting the area or its inhabitants;

 

2.6.3.4 exercise the right to call-in, for reconsideration, decisions (within its remit) made but not yet implemented by the Executive and/or any Area Committees; and

 

2.6.3.5 carry out reviews under the Welsh Programme for Improvement of the functions within its area of activity and report via the Executive to the Council.

 

2.6.4 Specific functions

 

2.6.4.1 Policy Development and Review.

 

Scrutiny Committees may:

 

2.6.4.1.1 assist the Council and the Executive in the development of its budget and policy framework by in-depth analysis of policy issues;

 

2.6.4.1.2 conduct research, community and other consultation in the analysis of policy issues and possible options;

 

2.6.4.1.3 consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

 

2.6.4.1.4 question members of the Executive and/or committees and Chief Officers about their views on issues and proposals affecting the area; and

 

2.6.4.1.5 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.

 

2.6.4.2 Scrutiny

 

Scrutiny Committees may:

 

2.6.4.2.1 review and scrutinise the decisions made by and performance of the Executive and/or Committees and Council Officers both in relation to individual decisions and over time;

 

2.6.4.2.2 review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

 

2.6.4.2.3 question members of the Executive and/or Committees and Chief 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;

 

2.6.4.2.4 make recommendations to the Executive and/or appropriate Committee and/or Council arising from the outcome of the scrutiny process;

 

2.6.4.2.5 review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Scrutiny Committee and local people about their activities and performance; and

 

2.6.4.2.6 question and gather evidence from any person (with his/her consent).

 

2.6.4.3 Finance

 

Scrutiny Committees may exercise overall responsibility for the finances made available to them.

 

2.6.4.4 Annual Report

 

Scrutiny Committees must report annually to full Council on their workings and make recommendations for future work programmes and amend working methods if appropriate.

 

2.6.4.5 Officers

 

Scrutiny Committees may exercise overall responsibility for the work programme of any Officers who may be employed to support their work.

 

2.6.5 Proceedings of Scrutiny Committees

 

Scrutiny Committees will conduct their proceedings in accordance with the Scrutiny Procedure Rules set out in Part 4.5 of this Constitution.

 

2.6.6 Liaison between Scrutiny Committees

 

The Chairpersons and Vice-Chairpersons of the Scrutiny Committees may meet as often as they consider appropriate with a view to co-ordinating work programmes and the ways and means of operating in order to reduce or eliminate duplication or overlapping of their work.

 

2.6.7 Panels

 

Each Scrutiny Committee may establish Panels of their members with interest and specialism in various topics in order to assist the Committee in the discharge of its functions.