A
BILL
TO
Extend the powers of the Local Government Ombudsman to provide redress
against local authorities which unreasonably ban events on the grounds of
health and safety.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1) The Local Government Act 1974 is amended as follows.
(2) After section 26(1A) there is inserted—
“(1B)
Notwithstanding the provisions of subsection (1) and the exclusions in
5Schedule 5, if a local authority bans or imposes restrictions on any event
on the grounds of health and safety, the event organiser has the right to
seek an investigation by a Local Commissioner under subsection (1).”.
(3)
In section 31(2), for the words from “to consider the report” to the end of the
subsection substitute—
10“, in relation to events which have unreasonably been banned on the grounds
of health and safety, to carry out in full all recommendations proposed by the
Local Commissioner within the period of three months beginning with the
date on which the local authority receives the report, or such longer period as
the Local Commissioner may agree in writing. The Local Commissioner in
15these cases has the right of redress against local authorities, including the
ability to compel local authorities to pay compensation to the event organiser
for events unreasonably banned or restricted.”.
(1)
Where a local authority bans or imposes restrictions on any event on the
20grounds of health and safety, the local authority must provide the event
organiser with written notification of the decision on the day on which the
decision is taken.
Local Government Ombudsman (Amendment) BillPage 2
(2) The written notification must include—
(a) the details of the ban or the restriction, and
(b) reasons why the ban or the restriction has been imposed.
(3)
On receipt of a written notification an event organiser may ask the local
5authority to review the decision and the local authority must conduct such a
review within two weeks of the request being received and issue written
notification of its further decision to the event organiser.
(4)
Any failure of a local authority to comply with subsections (1), (2) or (3) may
be referred to a Local Commissioner or the Local Government Ombudsman.
(5) 10In this section “local authority” means—
(a) a county council in England;
(b) a district council;
(c) a London borough council;
(d) the Greater London Authority;
(e)
15the Common Council of the City of London in its capacity as a local
authority;
(f) the Council of the Isles of Scilly.
There shall be paid out of money provided by Parliament—
(a)
20any expenditure incurred under or by virtue of this Act by the Secretary of
State, and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
(1)
25This Act may be cited as the Local Government Ombudsman (Amendment)
Act 2011.
(2) This Act comes into force on the day on which it is passed.
(3) This Act extends to England and Wales only.