Local Government Ombudsman (Amendment) Bill (HC Bill 271)

1 Decisions invoking health or safety: notification, reasons and review

In the Local Government Act 1974 before Part 3 insert—

“Part 2A

Decisions relating to holding of events

22A Decisions invoking health or safety: notification, reasons and review

(1) Subsection (2) applies if—

(a) 5a decision that relates to an event is taken by or on behalf of an
authority to which Part 3 of this Act applies,

(b) the decision is taken in connection with the exercise of the
authority’s administrative functions, and

(c) for a reason related to the health or safety of any person, or for
10reasons that include such a reason, the decision has effect to—

(i) stop the holding of the event,

(ii) impose restrictions on the holding of the event,

(iii) impose conditions to be met in connection with the
holding of the event, or

(iv) 15do all, or any two, of those things.

(2) The authority must ensure that written notification of the decision is
given (electronically or otherwise) to—

(a) the person who made the application or other request to which
the decision is a response, or

(b) 5a person who appears to the authority to be an organiser of the
event if the decision is made otherwise than on a request.

(3) Written notification given for the purposes of subsection (2)—

(a) must be given on the day the decision is taken or, if it is not
reasonably practicable to give the notification on that day, must
10be given on the first working day after that day,

(b) must, if the decision has the effect mentioned in subsection
(1)(c)(i), give details of the decision’s effect,

(c) must, if the decision has the effect mentioned in subsection
(1)(c)(ii) or (iii), give details of the restrictions or conditions,

(d) 15must include the reasons for the decision so far as it has any of
the effects mentioned in subsection (1)(c)(i) to (iii), and

(e) may be a notification that is given also for other purposes.

(4) Subsection (5) applies if—

(a) for the purposes of subsection (2) an authority gives a person
20notification of a decision, and

(b) the person, or some other person who is an organiser of the
event, asks the authority to review the decision.

(5) The authority must ensure—

(a) that a review of the decision is completed—

(i) 25as soon as is reasonably practicable after the authority
receives the request for the review, and

(ii) in any event, within two weeks of the day on which the
authority receives the request, and

(b) that the person who asked for the review is given (electronically
30or otherwise) written notification of the decision made on the
review, including the reasons for the decision, as soon as is
reasonably practicable after the decision is made.

(6) On a review under subsection (5) of a decision, the decision is to be—

(a) confirmed,

(b) 35withdrawn,

(c) replaced by any other decision that could have been taken in the
first instance, or

(d) varied (but only if the decision as varied is one that could have
been taken in the first instance).

(7) 40If a person has rights to appeal against or otherwise challenge a
decision reviewed under subsection (5), the person has the
corresponding rights to challenge the decision made on the review.

(8) In this section “working day” means any day other than a Saturday, a
Sunday, Christmas Day, Good Friday or a day which is a bank holiday
45under the Banking and Financial Dealings Act 1971 in England and
Wales.”

2 Procedure for investigations by Local Government Ombudsman

(1) Section 28 of the Local Government Act 1974 (procedure in respect of
investigations under Part 3 by Local Commissioners) is amended as follows.

(2) In subsection (2) (investigations by Local Commissioner to be conducted in
5private but otherwise as the Local Commissioner considers appropriate) after
“without prejudice to the generality of the preceding provision” insert “—

(a) the Local Commissioner may, as well as adopting different
procedure for different cases, adopt different procedure for
cases of different descriptions; and

(b)”. 10

(3) After subsection (4) insert—

“(5) The differential procedure authorised by subsection (2)(a) includes (in
particular) procedure for cases of a particular description that is
expected to be faster than that for at least some other cases.”

3 15Financial provisions

There shall be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

4 Short title, commencement and extent

(1) 20This Act may be cited as the Local Government (Review of Decisions) Act 2012.

(2) This Act comes into force two months after the day on which it is passed.

(3) This Act extends to England and Wales only.