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Section 9FA: Overview and scrutiny committees: supplementary provision

Local Government Act 2000 · 2000 c. 22View on legislation.gov.uk

Part 1A: Arrangements with respect to local authority governance in England — CHAPTER 2: Executive arrangements

An overview and scrutiny committee of a local authority—

may appoint one or more sub-committees, and
may arrange for the discharge of any of its functions by any such sub-committee.

A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).

An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority's executive.

An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority.

Subject to any provision made by or under paragraphs 6 to 8 of Schedule A1 and to section 20(6) of the Police and Justice Act 2006, any persons who are not members of the local authority are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under paragraphs 11 and 12 of that Schedule.

An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Subsections (2) and (5) of section 102 of the Local Government Act 1972 apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

may require members of the executive, and officers of the authority, to attend before it to answer questions,
may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
may invite other persons to attend meetings of the committee.

It is the duty of any member or officer mentioned in paragraph (a) or (b) of subsection (8) to comply with any requirement mentioned in that paragraph.

A person is not obliged by subsection (9) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

In exercising, or deciding whether to exercise, any of its functions an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State.

Guidance under subsection (11) may make different provision for different cases or for different descriptions of committee or sub-committee.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.