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

• Citation: S.I. 2008/3261
• Sections: 3

Section 1 Citation, commencement, application and interpretation

(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 Order—

“ the Act ” means the Local Government Act 2000;

“enactment” includes subordinate legislation;

“licensing decision” means—

any decision in relation to—

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

a request for a review of any such decision, or

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

“the Planning Acts ” means the Town and Country Planning Act 1990 , the Planning (Listed Building and Conservation Areas) Act 1990 ,the Planning (Hazardous Substances) Act 1990 and the Planning Act 2008 ;

“planning decision” means—

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

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

“right of recourse to a review” does not include any right to make a complaint to the Commission for Local Administration pursuant to the Local Government Act 1974 .

Section 2 Excluded matters

Subject to article 3, the descriptions of matter specified for the purposes of the definition of “local government matter” within the meaning of section 21A of the Act are—

(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.

Section 3 Systematic failure in discharge of functions not an excluded matter

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.