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Statutory Instruments

2008 No. 3261

Local Government, England And Wales

The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008

Made

18th December 2008

Laid before Parliament

30th December 2008

Coming into force

1st April 2009

The Secretary of State, in exercise of the powers conferred by section 21A(11) of the Local Government Act 2000( 1 ), makes the following Order:

Citation, commencement, application and interpretation

1. โ€”(1) This Order may be cited as the Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 and shall come into force on 1st April 2009.

(2) This Order is made for the purposes of section 21A of the Local Government Act 2000 and applies in England only.

(3) In this Orderโ€”

โ€œthe Actโ€ means the Local Government Act 2000;

โ€œenactmentโ€ includes subordinate legislation;

โ€œlicensing decisionโ€ meansโ€”

(a)

any decision in relation toโ€”

(i)

an application for any authorisation within the meaning of section 2 of the Licensing Act 2003( 2 ), or

(ii)

a request for a review of any such decision, or

(b)

any enforcement decision made under that Act or subordinate legislation made under that Act;

โ€œthe Planning Actsโ€ means the Town and Country Planning Act 1990 ( 3 ), the Planning (Listed Building and Conservation Areas) Act 1990( 4 ),the Planning (Hazardous Substances) Act 1990( 5 ) and the Planning Act 2008( 6 );

โ€œplanning decisionโ€ meansโ€”

(a)

any decision on an application under the Planning Acts or subordinate legislation made under those Acts for any agreement, approval, consent or permission, or

(b)

any enforcement decision relating to any development within the meaning of those Acts( 7 ); and

โ€œright of recourse to a reviewโ€ does not include any right to make a complaint to the Commission for Local Administration pursuant to the Local Government Act 1974( 8 ).

Excluded matters

2. Subject to article 3, the descriptions of matter specified for the purposes of the definition of โ€œlocal government matterโ€ within the meaning of section 21A of the Act areโ€”

(a) any matter relating to a planning decision;

(b) any matter relating to a licensing decision;

(c) any matter relating to an individual or entity in respect of which that individual or entity has a right of recourse to a review or right of appeal conferred by or under any enactment;

(d) any matter which is vexatious, discriminatory or not reasonable to be included in the agenda for, or to be discussed at, a meeting of the overview and scrutiny committee or at a meeting of a sub-committee of that committee.

Systematic failure in discharge of functions not an excluded matter

3. A matter does not fall within a description in article 2(a) to (c) if it consists of an allegation that a function for which the authority is responsible has not been discharged at all or that its discharge has failed or is failing on a systematic basis, notwithstanding the fact that the allegation specifies or refers to a planning decision, a licensing decision or a matter relating to an individual or entity in respect of which that individual or entity has a right of recourse to review or right of appeal conferred by or under any enactment.

Signed by authority of the Secretary of State for Communities and Local Government

John Healey

Minister of State

Department for Communities and Local Government

18th December 2008

( 1 )

2000 c. 22 . Section 21A was inserted by section 119 of the Local Government and Public Involvement in Health Act 2007 (c.28) .

( 2 )

2003 c. 17 .

( 3 )

1990 c. 8 .

( 4 )

1990 c.9 .

( 5 )

1990 c.10 .

( 6 )

2008 c. 29 .

( 7 )

โ€œDevelopmentโ€ is defined in section 55 of the Town and Country Planning Act 1990 and is used with the same meaning in the other Planning Acts.

( 8 )

1974 c. 7 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008 (2008/3261)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
enactmentart. 1.enactment_rtaXWuG
licensing decisionart. 1.licensing__rtPutCJ
local government matterart. 2.local_gove_rtJek4l
planning decisionart. 1.planning_d_rtOorYG
right of recourse to a reviewart. 1.right_of_r_rt3Qreb
the Actart. 1.the_Act_rt1ZvXU
the Planning Actsart. 1.the_Planni_rt4PGKh
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

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