The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2012

• Citation: S.I. 2012/1022
• Sections: 5

Section 1 Citation and commencement

This Order may be cited as the Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2012 and comes into force on 4th May 2012.

Section 2 Interpretation

In this Order—

“enactment” includes subordinate legislation;

“licensing decision” means—

any decision in relation to—

an application for the 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 Buildings 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 3 Excluded matters

Subject to article 4, the descriptions of matters specified as excluded matters for the purposes of section 9FC of the Local Government Act 2000 are—

(a) any matter relating to a planning decision;

(b) any matter relating to a licensing decision;

(c) any matter relating to a person in respect of which that person 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 4 Systemic failure in discharge of functions not an excluded matter

(1) A matter does not fall within a description in article 3(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 systemic basis.

(2) Paragraph (1) applies notwithstanding the fact that the allegation specifies or refers to—

(a) any matter relating to a planning decision;

(b) any matter relating to a licensing decision; or

(c) any matter relating to a person in respect of which that person has a right of recourse to a review or right of appeal conferred by or under any enactment.

Section 5 Revocation

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