Isle of Anglesey County Council Constitution Version 2.29
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1 September 2016
2.6 Article 6 - Scrutiny of Decisions
2.6.1 Composition
Each 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 ViceChairperson.
The political balance rules will apply but members of the Executive will not be eligible
to be members of a Scrutiny Committee.
The Isle of Anglesey County Council has agreed a new Constitution which sets out
how the Council operates, how decisions are made and the procedures which are
followed to ensure that these are efficient, transparent and accountable to local
people. Some of these processes are required by the law, while others are a matter
for the Council to choose. The Constitution is divided into 16 Articles which set out
the basic rules governing the Council’s business. More detailed procedures and
codes of practice are provided in separate rules and protocols at the end of the
document.
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
st
1 September 2016
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
st
1 September 2016
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
st
1 September 2016
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.
10 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 appoint additional non-voting co-optees.
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.
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
st
1 September 2016
• To scrutinise the performance of services under the requirements of the Wales
Programme for Improvement.
• In accordance with rule 4.5.7 of the Constitution, the Chair of the Corporate Scrutiny
Committee may refer any matter to the Partnership and Regeneration Scrutiny
Committee for consideration, and the Corporate Scrutiny Committee may consider
any matter referred to it by the Chair of the Partnership and Regeneration Scrutiny
Committee.
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;
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
st
1 September 2016
-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;
• In accordance with rule 4.5.7 of the Constitution, the Chair of the Partnership and
Regeneration Committee may refer any matter to the Corporate Scrutiny Committee
for consideration, and the Partnership and Regeneration Committee may consider
any matter referred to it by the Chair of the Corporate Scrutiny Committee.
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
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
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1 September 2016
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
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]
Isle of Anglesey County Council Constitution Version 2.29
st
1 September 2016
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.
Author: Legal Services, Council Business, Isle of Anglesey County Council
[email protected]