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OVERVIEW AND SCRUTINY PROCEDURE RULES

1. Arrangements for Overview and Scrutiny

The Council will have an Overview and Scrutiny Board as set out in Article 8 of this Constitution. Article 8 sets out the broad framework for the operation of the Council’s overview and scrutiny function. These rules set out some of the more detailed working arrangements.

2. Meetings of the Overview and Scrutiny Board and its Commissions

There shall be at least 8 ordinary meetings of the Overview and Scrutiny Board in each year. In addition, extraordinary meetings may be called from time to time as and when appropriate. An Overview and Scrutiny Board meeting may be called by the Chair of the Board or by the Monitoring Officer if he/she considers it necessary or appropriate.

3. Quorum

The quorum for the Overview and Scrutiny Board and its Commissions shall be as set out for Committees in the Committee Procedure Rules in Part 4 of this Constitution.

4. Who chairs the Overview and Scrutiny Board?

The Chair of the Overview and Scrutiny Board and its Commissions will be elected annually at the Council’s Annual Meeting.

5. Reports from Overview and Scrutiny

(a) Once it has formed recommendations, the Overview and Scrutiny Board and/or Commissions will prepare a formal report and submit it to the Monitoring Officer for consideration by the Cabinet or to the Council as appropriate (e.g. if the recommendation would require a departure from or a change to the agreed budget and policy framework).

(b) If an Overview and Scrutiny Board or Commission cannot agree on one single final report to the Council or Cabinet as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or Cabinet with the majority report.

(c) The Council or Cabinet shall consider the report of the Overview and Scrutiny Board or Commission at its next available meeting.

6. Making sure that Overview and Scrutiny reports are considered by the executive

(a) The agenda for Cabinet meetings shall include an item entitled Issues arising from Overview and Scrutiny’. The reports of the Overview and Scrutiny Board or Commissions referred to the Cabinet shall be included at this point in the agenda (unless they have been considered in the context of the Cabinet’s deliberations on a substantive item on the agenda).

(b) Once an Overview and Scrutiny Board or Commission has completed its deliberations on any matter it will forward a copy of its final report to the Monitoring Officer who will allocate it to either or both the Cabinet and the Council for consideration, according to whether the contents of the report would have implications for the Council’s budget and policy framework. If the Monitoring Officer refers the matter to Council, he/she will also serve a copy on the Elected Mayor with notice that the matter is to be referred to Council. When the Council meets to consider any referral from an Overview and Scrutiny Board or Commission on a matter which would impact on the budget and policy framework, it shall also consider the response of the Cabinet to the Overview and scrutiny proposals.

(c) Where an Overview and Scrutiny Board or Commission prepares a report for consideration by the Cabinet in relation to a matter where the Elected Mayor has delegated decision making powers to another individual member of the Cabinet, then the Overview and Scrutiny Board or Commission will submit a copy of their report to that individual for consideration. At the time of doing so, the Overview and Scrutiny Board or Commission shall serve a copy on the Monitoring Officer and the Elected Mayor. If the Member with delegated decision making power does not accept the recommendations of the Overview and Scrutiny Board or Commission then he/she must then refer the matter to the next available meeting of the Cabinet for debate before exercising his/her decision making power and responding to the report in writing to the Overview and Scrutiny Board or Commission. The Cabinet member to whom the decision making power has been delegated will respond to the Overview and Scrutiny Board or Commission within 2 weeks of receiving it. A copy of his/her written response to it shall be sent to the Monitoring Officer and he/she will attend a future meeting to respond.

(d) The Overview and Scrutiny Board will in any event have access to the Cabinet’s Forward Plan and timetable for decisions and intentions for consultation. Even where an item is not the subject of detailed proposals from an Overview and Scrutiny Board or Commission following a consideration of possible policy/service developments, the Board will at least be able to respond in the course of the Cabinet’s consultation process in relation to any key decision.

7. Rights of overview and scrutiny Committee members to documents

(a) In addition to their rights as Councillors, members of Overview and Scrutiny 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.

(b) Nothing in this Rule prevents more detailed liaison between the Cabinet and the Overview and Scrutiny Board as appropriate depending on the particular matter under consideration.

8. Members and officers giving account

(a) Any Overview and Scrutiny Board or Commission may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions relevant to the issues it is examining. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any member of the Cabinet, the Head of Paid Service and/or any Chief officer and, subject to contractual arrangements any other person delivering a Council service, to attend before it to explain in relation to matters within their remit:

(i) any particular decision or series of decisions;
(ii) the extent to which the actions taken implement Council policy; and/or
(iii) their performance,
and it is the duty of those persons to attend if so required.

(b) Where any Councillor or Chief officer is required to attend an Overview and Scrutiny Board or Commission under this provision, the Chair of that Board or Commission will inform the Monitoring Officer who shall inform the Councillor or Chief Officer in writing giving at least 3 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 Board or Commission. Where the account to be given to the Board or Commission will require the production of a report, then the Councillor or Chief officer concerned will give sufficient notice to allow for preparation of that document.

(c) Where, in exceptional circumstances, the Councillor or Chief officer is unable to attend on the required date, then the Overview and Scrutiny Board or Commission shall in consultation with the Councillor or Chief officer arrange an alternative date for attendance.

(d) A Chief Officer may determine that another officer may attend either because requested to do so by the Board or Commission, or because their knowledge and experience is more relevant to the issue being discussed.

9. Attendance by others

An Overview and Scrutiny Board or Commission may invite people other than those people referred to above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend.

10. Call-in

Call-in should only be used in exceptional circumstances. These are where 5 members of the Council have evidence which suggests that the Cabinet did not take the decision in accordance with the principles set out in Article 14.02 (Decision Making), or contrary to the policy framework or not wholly in accordance with the Council’s budget.

(a) When a decision is made by the Cabinet the decision shall be published, usually by electronic means, and shall be available at the main offices of the Council and on the website the following morning at 10.00 a.m. The Chair of the Overview and Scrutiny Board will be sent copies of the records of all such decisions within the same timescale, by the person responsible for publishing the decision.

(b) 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 at least 5 members of the Council object and wish to call it in.

(c) The Monitoring Officer shall call-in a decision for scrutiny by the Overview and Scrutiny Board if so notified and shall then notify the Elected Mayor and Cabinet of the call-in. He/she shall place the Call in on the next Overview and Scrutiny Board agenda. If no meeting is scheduled to take place within 10 days, a special meeting of the Overview and Scrutiny Board will be convened. The Overview and Scrutiny Board may agree a procedure.

(d) If, having considered the decision, the Overview and Scrutiny Board is still concerned about it, then it may refer it back to the Cabinet for reconsideration, with or without recommendations, setting out in writing the nature of its concerns, or refer the matter to Full Council.

(e) If the decision is referred to the Cabinet, the item will be placed on the next Cabinet agenda. They will then reconsider the recommendations, amending the decision or not, before adopting a final decision. If the decision is referred to Full Council, the item will be included on the next Council agenda. It will also be placed on the agenda of the next Cabinet meeting.

(f) If following an objection to the decision, the Overview and Scrutiny Board does not meet in the period set out above, or does meet but does not refer the matter back to the Cabinet, the decision shall take effect on the date of the Overview and Scrutiny meeting or 10 working days, whichever is earlier.

(g) 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, a meeting of the Cabinet will be convened to reconsider within 5 working days of the date of the Council’s objection.

(h) If the Council does not meet, or if it does but does not refer the decision back to the Cabinet, 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 earlier.

(i) If referred to the Cabinet it shall then reconsider at the next scheduled meeting, amending the decision or not, before adopting a final decision.

(j) If the decision maker or Full Council rejects a call in, and the Overview and Scrutiny Board is still concerned, they may refer the matter to the appropriate Scrutiny Commission who may monitor the implementation of the decision.

11. Call-in and urgency

(a) The call-in procedure set out above shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the Cabinet, the decision is an urgent one, and therefore not subject to call-in. The Speaker 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 Speaker, the Deputy Speaker’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.

(b) 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.

12. Procedure at Overview and Scrutiny Board and Commission meetings

a) Overview and Scrutiny Board and Commissions shall consider the following business:

i) minutes of the last meeting;
ii) declarations of interest (including whipping declarations)
iii) consideration of any matter referred to the Committee for a decision in relation to call-in of a decision;
iv) responses of the executive to reports and recommendations;
v) review and/or amendment of scrutiny Forward Plan
vi) other business.

b) Where the Overview and Scrutiny Board or a Commission conducts investigations (e.g. with a view to policy development), the Board may also ask people to attend to give evidence at meetings which are to be conducted in accordance with the following principles;

i) that the investigation be conducted fairly and all members of the Board or Commission given the opportunity to ask questions of attendees, and to contribute and speak;
ii) that those assisting the meeting by giving evidence be treated with respect and courtesy; and
iii) that the investigation be conducted so as to maximise the efficiency of the investigation or analysis.

(c) Following any investigation or review, the Board or Commission shall prepare a report for submission to the Cabinet and/or Council as appropriate and shall make its report and findings public.

13. The Party Whip

The political groups have agreed that they will not operate a party whip on members of Overview and Scrutiny when carrying out their duties. However if a member of an Overview and Scrutiny Board or Commission 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 Board or Commission’s deliberations on the matter. The declaration, and the details of the whipping arrangements, shall be recorded in the minutes of the meeting.