The Local Authorities (Petitions) (England) Order 2010

• Citation: S.I. 2010/898
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(1) This Order may be cited as the Local Authorities (Petitions) (England) Order 2010 and shall come into force on 15th June 2010.

(2) In this Order—

“ the Act ” means the Local Democracy, Economic Development and Construction Act 2009;

“licensing decision” means—

any decision in relation to—

an application for the grant, variation or review of any authorisation under Part 3 or 4 of the Licensing Act 2003 (premises licences and club premises certificates) , or

a hearing or appeal in respect of any such application;

any decision in relation to—

an application for the grant, renewal or transfer of a licence under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments) ,

a request for the variation of any term, condition or restriction contained in such a licence, or

the revocation of such a licence;

any decision in relation to—

an application for a licence, permit or registration under the Gambling Act 2005 ,

a request for the variation of any term, condition or restriction associated with any such licence, permit or registration, or

the revocation of any such licence, permit or registration; and

any enforcement decision made under any of the Acts mentioned in sub-paragraphs (a) to (c) above, or subordinate legislation made under those Acts;

“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,

any enforcement decision relating to any development within the meaning of those Acts , or

any decision in relation to the preparation, revision or adoption of a development plan document within the meaning of section 37(3) of the Planning and Compulsory Purchase Act 2004 or community infrastructure levy charging schedule within the meaning of section 211(1) of the Planning Act 2008; and

“right of recourse to a review” does not include any right to make a complaint to the Commission for Local Administration pursuant to Part 3 of the Local Government Act 1974 .

(3) This Order applies in relation to England only.

Section 2 Excluded matters

Subject to article 3, for the purposes of subsection (1)(a) of section 14 of the Act (requirement to take steps), the following matters are not to be regarded as relating to a function of a principal local authority—

(a) any matter relating to a planning decision;

(b) any matter relating to a licensing decision;

(c) any other 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.

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

A matter does not fall within article 2 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 of the description referred to in paragraph (c) of that article.

Section 4 Specified number for petition requiring debate

(1) The number to be specified by an authority pursuant to section 15(4) of the Act (requirement to debate) must be no greater than 5% of the total local authority population.

(2) For the purposes of paragraph (1) “total local authority population” means the estimate of the population of the area of the authority contained in the Registrar General’s population estimates for England and Wales published by the Office of National Statistics.