OVERVIEW AND SCRUTINY PROCEDURE RULES
Index
Subject Procedure Rule Page
Accountability:
- Members and Officers 14 64
Agenda Items 9 61
Attendance by others at meetings of Overview Panels
And Scrutiny Panels 15 64
Cabinet:
- Consideration of Reports 12 63
Call In: 16 65
- Exception to 16 (10) 66
- Urgent items 16 (11) 66
Chairmanship of Overview Panels and Scrutiny Panels 7 61
Co-opted Members: 3 60
- Education Representatives 4 60
Documents:
- Rights of Overview Panel and Scrutiny Panel
Members to 13 64
Education Co-opted Representative 4 60
Joint Items 19 68
Matters within the Remit of more than one Overview Panel or
Scrutiny Panel 19 68
Meetings of Overview Panels and Scrutiny Panels: 5 60
- Attendance by others 15 64
- Procedure at 18 67
- Quorum for 6 61
Membership of Overview Panels and Scrutiny Panels 2 60
Members giving account 14 64
Number of Overview Panels and Scrutiny Panels 1 60
Officers giving account 14 64
Party Whip 17 67
Policy Review and Development 10 61
Procedure at Overview Panel and Scrutiny Panel Meetings 18 67
Quorum for meetings of Overview Panels and Scrutiny Panels 6 61
Reports: 11 62
- Consideration of by Cabinet 12 63
Rights of Overview Panel and Scrutiny Panel Members to
Documents 13 64
Whip (Party) 17 67
Work Programme for Overview Panels and Scrutiny Panels 8 61
OVERVIEW AND SCRUTINY PROCEDURE RULES
1. The Number and Arrangements for Overview Panels and Scrutiny Panels
The Council will have the Overview Panels and Scrutiny Panels set out in Article 6 and will appoint to them at the Ordinary Meeting of the Council in April. (except in a year when there is a full election of Councillors when the appointments will be made as a Special Meeting of the Council to be held in the next week following the elections). Such Panels may appoint working groups for a fixed period, on the expiry of which they will cease to exist.
2. Membership of Overview Panels and Scrutiny Panels
(a) All Members of the Council (except Members of the Cabinet) may be Members of an Overview Panel or Scrutiny Panel.
(b)Each Member of the Council (except Members of the Cabinet) will serve on at least one Overview Panel or Scrutiny Panel.
(c) Each Overview Panel and Scrutiny Panel will comprise of nine Members of the Council on a proportional basis.
(d) No Member may be involved in scrutinising a decision in which he or she has been directly involved.
3. Co-opted Members
Each Overview Panel and Scrutiny Panel will be entitled to appoint a number of people as non-voting co-opted members.
4. Education Representatives
Each relevant Overview Panel and Scrutiny Panel dealing with education matters shall include in its membership voting representatives from specified bodes set out in Article 6 to this Constitution.
A relevant Overview Panel or Scrutiny Panel in this paragraph is an Overview Panel or Scrutiny Panel of a Local Education Authority, where the Panel’s functions relate wholly or in part to any education functions that are the responsibility of the Cabinet. If the Overview Panel or Scrutiny Panel deals with other matters, these representatives shall not vote on those other matters, though they may stay in the meeting and speak.
5. Meetings of the Overview Panels and Scrutiny Panels
Each Overview Panel and Scrutiny Panel will meet at least every three months. In addition special meetings may be called from time to time as and when required.
A special meeting of an Overview Panel or Scrutiny Panel may be called by the Chair of the relevant Panel, by one third of the Members of the Panel. In addition a special meeting of a Scrutiny Panel may be called by the Proper Officer acting in accordance with the ‘call-in’ procedure at paragraph 16 below:-
6. Quorum
The quorum for Overview Panels and Scrutiny Panels will be as set out in the Council Procedure Rules in Part 4 of this Constitution.
7. Chairmanship of Overview Panels and Scrutiny Panels
The Chair and Vice-Chair of the Overview Panels and Scrutiny Panels will be appointed at the first meeting of each panel following the Ordinary Council Meeting in April.
8. Work Programme
The Overview Panels and Scrutiny Panels will be responsible for setting their own work programme and in doing so they shall take into account wishes of Members on that panel who are not Members of the largest political group on the Council.
9. Agenda Items
(a) Any Member of an Overview Panel or Scrutiny Panel shall be entitled to give notice to the Proper Officer that he or she wishes an item relevant to the functions of the Panel to be included on the agenda for the next available meeting of the Panel. On receipt of such a request the Proper Officer will ensure that it is included on the next available agenda.
(b) Any Member of the Council who is not a Member of the Overview Panel or Scrutiny Panel may give written notice to the Proper Officer that he or she wishes an item to be included on the agenda of a relevant Overview Panel or Scrutiny Panel. If the Proper Officer receives such a notification, then he or she will include the item on the first available agenda of the relevant Overview Panel or Scrutiny Panel for consideration by the Panel.
(c) The Overview Panel or Scrutiny Panel shall also respond, as soon as their work programme permits, to requests from the Council and the Cabinet to review/scrutinise particular areas of Council activity. Where they do so, the Overview Panel or Scrutiny Panel shall report their findings and any recommendations back to the Cabinet and/or the Council. The Council and/or the Cabinet shall consider the report of the Overview Panel or Scrutiny Panel within one month of receiving it.
Policy Review and Development
(a) The Council will commission Policy Advisory Groups to undertake the review and development of key strategies, plans, policies and budgets. These Groups will be commissioned on an ad-hoc task and finish basis.
(b) The task, scope, duration and membership or each Policy Advisory Group will be agreed by the Cabinet and reported to full Council.
(c) Membership of each Policy Advisory Group will be made up of non-Executive Councillors from the appropriate Overview Panel or Scrutiny Panel plus a Cabinet Member with the most appropriate portfolio. The Cabinet Member will "champion" the policy area in question and present a final Policy Review report to the Cabinet.
(d) Membership of the Policy Advisory Group will reflect the scope of inquiry and may be extended to include other external advisors and representatives of partner organisations – including members of the Bournemouth Partnership. This will formally engage external "experts" in developing policy advice – particularly in areas outside of the Council’s statutory responsibilities but which play a major part in achieving the Bournemouth Community Plan.
(e) Within the specific terms of reference determined by the Cabinet a Policy Advisory Group will:-
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Examine evidence and develop policy options.
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Consider the wider policy implications of new proposals on established Council policy.
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Work closely with key Partners and/or external specialists to ensure "joined-up" policy options consistent with the Bournemouth Community Plan and the Council’s Community Leadership role.
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Make policy recommendations for consideration by the Cabinet.
(f) Policy Advisory Groups 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 Panels, Scrutiny Panels and Policy Advisory Groups
(a) Once it has formed recommendations on proposals for development, the Overview Panel, Scrutiny Panel or Policy Advisory Group will prepare a formal report and submit it to the proper officer for consideration by the Cabinet or 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 Panel, Scrutiny Panel or Policy Advisory Group cannot agree on one single final report to the Council or the 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, as appropriate, shall consider the report of the Overview Panel, Scrutiny Panel or Policy Advisory Group (minority or otherwise) within one month of it being submitted to the proper officer.
(d) Meetings to consider the final report of a Policy Advisory Group will be held in public.
(e) A copy of the final recommendations of a Policy Advisory Group will accompany any subsequent Cabinet report to Council Policy proposals.
12. Consideration by the Cabinet of Reports of Overview Panels and Scrutiny Panels
(a) Once an Overview Panel or Scrutiny Panel report on any matter which is the responsibility of the Cabinet has been completed, it shall be included on the agenda of the next available meeting of the Cabinet unless the matter which is the subject of the report is scheduled to be considered by the Cabinet within a period of eight weeks from the date the report was adopted by the Overview Panel or Scrutiny Panel. In such cases, the report of the Overview Panel or Scrutiny Panel shall be considered by the Cabinet when it considers that matter. If for any reason the Cabinet does not consider the Overview Panel or Scrutiny Panel report within eight 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 Cabinet.
(b) Where an Overview Panel or Scrutiny Panel prepares a report for consideration by the Cabinet in relation to a matter where the Cabinet has delegated decision making power to another individual Member of the Cabinet, then the Overview Panel or Scrutiny Panel will submit a copy of their report to him or her for consideration. At the time of doing so, the Overview Panel or Scrutiny Panel shall serve a copy on the Proper Officer. The Member with delegated decision making power must consider the report and respond in writing to the Overview Panel or Scrutiny Panel within four weeks of receiving it. A copy of his or her written response to it shall be sent to the Proper Officer and the Leader of the Cabinet. The Member will also attend a future meeting of the Overview Panel or Scrutiny Panel to present their response.
(c) If the Member with delegated decision making power does not accept the recommendations of the Overview Panel or Scrutiny Panel then he or she must then refer the matter to the next available meeting of the Cabinet for debate before exercising his or her decision making power and responding to the report in writing to the Overview Panel or Scrutiny Panel. In this case the Cabinet Member will respond to the Overview Panel or Scrutiny Panel within three weeks after the meeting of the Cabinet at which the matter is discussed. A copy of his or her written response to it shall be sent to the Proper Officer and he or she will attend a future meeting of the relevant Overview Panel or Scrutiny Panel to present the response.
(d) Overview Panels and Scrutiny Panels 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 Panel or Scrutiny Panel following a consideration of possible policy/service developments, the Panel will at least be able to respond in the course of the Cabinet’s consultation process in relation to any key decision.
13.Rights of Overview Panel and Scrutiny Panel Members to Documents
(a) In addition to their rights as Councillors, Members of Overview Panels 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.
(b) Nothing in this paragraph prevents more detailed liaison between the Cabinet and Overview Panels and Scrutiny Panels as appropriate depending on the particular matter under consideration.
14. Members and officers giving account
a. Attendance of Cabinet Members and Officers
1. A 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 a relevant Member of the Cabinet, the Head of Paid Service and/or any senior officer to attend before it to explain in relation to matters within their remit:
§ any particular decision or series of decisions;
§ the extent to which the actions taken implement Council Policy; and/or
§ their performance.
2. The request for any Member or officer to attend a Scrutiny Panel under this provision shall be made by the chair of that Panel who will inform the Proper Officer. The Proper Officer will inform the Member or officer in writing giving at least seven working days notice of the meeting at which he or she is required to attend. The notice will state the nature of the item on which to give account and whether any papers are required to be produced for the Panel. Where the account to be given to the Panel 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.
3. Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Scrutiny Panel shall in consultation with the Member or officer arrange an alternative date for attendance to take place within a maximum of twenty eight days from the date of the original request.
b. Questions
Questions may be asked of relevant Cabinet Members on their decisions and performance, whether generally in connection with services and targets over a period of time, or in relation to particular decisions, plans or projects.
The question must be delivered in writing or electronic mail to the Democratic Services Manager not later than two working days before the meeting.
The Leader of the Council may arrange for a question addressed to him/her to be replied to on his/her behalf by the relevant Cabinet Portfolio holder.
The Chair will allow the questioner to ask up to two supplementary questions.
Every question will be asked and answered without discussion.
Council Procedure Rule 21 – General Provisions Relating to Questions – shall apply to questions to Cabinet Members at Scrutiny Panels.
c. Cabinet Portfolio Holder Progress Report
Relevant Cabinet Portfolio holders will present a progress report at each ordinary meeting of the Scrutiny Panels. The report should highlight some recent issues considered by the Cabinet since the last meeting of the Panel; identify some key issues and priorities for the future and a summary of relevant items in the Cabinet Forward Plan.
15. Attendance by Others
An Overview Panel or Scrutiny Panel may invite people other than elected Members and officers 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. Their attendance is, of course, optional.
16. Call In
Call-in should only be used in exceptional circumstances. These are where Members of the appropriate Scrutiny Panel have evidence which suggest that the decision-making body did not take the decision in accordance with the principles set out in Article 13 (Decision Making).
(1) When a decision is made by Cabinet, an individual Member of the Cabinet or a committee of the Cabinet, or a key decision is made by an officer with delegated authority from the Cabinet, the decision shall be published, including where possible by electronic means, and shall be available at the Town Hall normally within 2 working days of being made. Copies of the records of all such decisions will be sent to all members of all Scrutiny Panels within the same timescale by the person responsible for publishing the decision.
(2) That notice will bear the date on which it is published and will specify that the decision will come into force, and then may be implemented, on the expiry of 5 working days after the publication of the decision, unless a ‘Scrutiny Panel’ objects to it and calls it in.
(3) During that period, the Proper Officer shall call-in a decision for scrutiny by the Panel if so requested by two or more members of the Panel, and shall then notify the decision taker of the call-in. The Proper Officer shall call a meeting of the Panel on such a date as he/she may determine, where possible after consultation with the Chair of the Panel (or in his/her absence the Vice- Chair), and in any case within 7 working days of the decision to call in.
(4) All action to implement the decision is suspended whilst the matter is subject to call-in.
(5) If, having considered the decision, the 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. If referred to the decision maker they shall then reconsider the matter amending the decision or not, before adopting a final decision.
(6) Following consideration by the relevant Scrutiny Panel representatives of that Panel are to be invited to address the Cabinet or the appropriate Cabinet Member to explain their case for call-in of a particular decision. A similar opportunity will be available for Panel Members to explain their case if the decision is referred to full Council for review
(7) If following an objection to the decision the Scrutiny Panel does not refer the matter back to the decision making person or body or refer the matter to Council, the decision shall take effect on the date of the ‘Scrutiny Panel’ meeting.
(8) 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 authority to make decisions in respect of a Cabinet decision unless it is contrary to the policy framework, or contrary to or not wholly consistent with the approved budget. Unless this 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 person or body shall choose whether to amend the decision or not before reaching a final decision and implementing it.
(9) If the Council does not refer the decision back to the decision making person or body, the decision will become effective on the date of the Council meeting.
10. Exceptions
In order to ensure that call-in is not abused, or causes unreasonable delay, certain limitations are to be placed on its use.
These are set out below:-
(a) Two Members of a Scrutiny Panel are needed for a decision to be called in.
(b) No decision shall be called in more than once.
11. Call-in and Urgency
The call-in procedure set out above shall not apply where the decision being taken by the Cabinet, an individual Member of the Cabinet or a committee of the Cabinet, or a key decision is made by an Officer with delegated authority from the Cabinet, is urgent. A decision will be urgent if any delay to be caused by the call-in procedure would seriously prejudice the Council’s or the public’s interests/financial loss to the Council or some form of hardship or loss to a person or body outside the Council. 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 Mayor 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 Mayor, the Deputy Mayor’s consent shall be required. In the absence of both, the Head of Paid Service or his or her nominee’s consent shall be required. Decisions taken as a matter of urgency must be reported to the next available meeting of the full Council, together with the reasons for the 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.
The call-in procedure will not apply to any urgent decisions that have been taken by Officers in accordance with paragraph 3.3 of the ‘General Delegation’ to the Chief Executive, Directors and Heads of Business Units and are the subject of a report to the Cabinet for information.
17. The Party Whip
Guidance from the Department of Local Government, Transport and the Regions indicates that whipping is incompatible with the Overview and Scrutiny functions. The following paragraphs provide a means of safeguard where whipping does occur. It may he helpful for Councils to define the phrase "the party whip" for these purposes the party whip shall be taken to mean: "any instruction given by or on behalf of a political group to any Councillor who is a Member of that group as to how that Councillor shall speak or vote on any matter before the Council or any Committee or sub-Committee, or the application or threat to apply any sanction by the group in respect of that Councillor should he or she speak or vote in any particular manner."
When considering any matter in respect of which a Member of an Overview Panel or Scrutiny Panel 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 Panel’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 Panel and Scrutiny Panel Meetings
a. The business to be conducted at each meeting of an Overview Panel and a Scrutiny Panel shall be in accordance with the Council Procedure Rules and shall generally follow the order set out below:-
1. Overview Panels
· Minutes of the last meeting;
· Declarations of interest - including whipping declarations;
· Cabinet response to reports of the Overview Panel.
· The business otherwise set out on the agenda for the meeting.
2. Scrutiny Panels
· Minutes of the last meeting;
· Declarations of interest - including whipping declarations;
· Questions to Cabinet Portfolio Holders;
· Cabinet Portfolio Holder Progress report;
· Cabinet response to reports of the Scrutiny Panel.
· Consideration of any ‘call in’ items;
· The business otherwise set out on the agenda for the meeting.
b. Where an Overview Panel or Scrutiny Panel conducts investigations 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 Panel be given the opportunity to ask questions of attendees, and to contribute and speak;
2. That those assisting the Panel 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.
c. Following any investigation or review, the Panel shall prepare a report, for submission to the Cabinet and/or the Council as appropriate and shall make its report and findings public.
19. Matters within the remit of more than one Overview Panel or Scrutiny Panel
Where an Overview Panel conducts a review or a Scrutiny Panel scrutinises a matter which also falls (whether in whole or in part) within the remit of another Panel then the Panel conducting the review/scrutiny shall invite the chair of the other Panel (or his or her nominee) to attend its meetings when the matter is being reviewed.
20. Procedure at Meetings of the Health Scrutiny Panel
The Health Scrutiny Panel will have regard to the procedures set out in paragraphs 18 and 19 above and the provisions of the Health and Social Care Act 2001 and all subsequent Regulations.
