Commentary on Sections Part 6: Performance and Governance Of Principal Councils Chapter 1: Performance, Performance Assessments and Intervention Section 92 – Duty of principal council to arrange panel performance assessment
456.Subsection (1) of this section places a duty on a principal council to make arrangements for a panel to assess the extent to which the council is meeting the performance requirements (this is referred to as a “panel performance assessment”).
457.Under the council’s arrangements, a panel performance assessment should take place at least once during the period between two consecutive ordinary elections of councillors to the council. The panel’s report should be published at least six months before the next ordinary election and the council’s response to that report (under section 93) should be published at least four months before the next ordinary election.
458.The section also sets out whose views a panel must seek and take into account in undertaking a panel performance assessment (see section 171 for the definition of “local people”).
459.Following a panel performance assessment a panel must produce a report setting out its conclusions and any actions the panel recommends the council take to increase the extent to which it meets its performance requirements in the future.
460.This section also requires the council to provide a copy of the report to its governance and audit committee.
461.The effect of subsection (8) is that panel members can only do things jointly with the other members of the panel, not by themselves.