Good practice or a legal requirement for decision making sub committees to have a Terms of Reference?

Question

Concerns around the extent of activities and the exposure to the remaining full Parish Council of small decision making sub committees which on enquiry do not have Terms of Reference in place. Can I insist they are created and implemented as a legal requirement or are they 'just good practice'. Feel exposed in there absence. I can see many Parish Councils have these published on their website.

Answer 1

Sub committees are usually set up by main committee to carry out specific tasks or investigations for reporting back to the committee to assist their deliberations. The sub committee "terms of reference" are that task or investigations requested by the committee . They work within the main committee's defined terms of reference. The setting down of the committees terms of reference comes firmly into the good practice ball park as these terms of reference must be specified and agreed to by the council before the committee commences work.

Answer 2

The legislation governing the appointment of committees and sub-committees is contained in sections 101 and 102 of the Local Government Act 1972. There is no specific mention of terms of reference, however 102(2), requires the following:-

"Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee."

So there is no statutory requirement, however, if you have adopted the NALC model standing orders, you will have resolved to determine formal terms of reference (4d in the current model).