|
| |
|
(a) | a signature counts if (and only if) the petition gives the signatory’s |
| |
name and address (which may be an address where the signatory lives, |
| |
| |
(b) | references to signing or signature, in the case of a petition made using |
| |
a principal local authority’s e-petition facility, are to authentication in |
| 5 |
such manner as the authority’s petition scheme may specify. |
| |
13 | Requirement to acknowledge |
| |
(1) | A principal local authority’s petition scheme must secure the following results |
| |
where a petition to which section 12 applies is made to the authority— |
| |
(a) | the authority must send written acknowledgement of the petition to the |
| 10 |
petition organiser within the specified period; |
| |
(b) | the acknowledgement must give such information about what the |
| |
authority has done or proposes to do in response to the petition as the |
| |
authority considers appropriate. |
| |
(2) | In subsection (1)(a), “specified period” means the period specified for the |
| 15 |
purposes of this section in the scheme. |
| |
14 | Requirement to take steps |
| |
(1) | For the purposes of this Chapter, an “active petition”, in relation to a principal |
| |
local authority, is a petition to which section 12 applies made to the authority |
| |
| 20 |
(a) | the petition relates to a relevant matter, and |
| |
(b) | the petition is not in the opinion of the authority vexatious, abusive or |
| |
otherwise inappropriate to be dealt with as specified in this section. |
| |
(2) | For the purposes of subsection (1)(a) “relevant matter” means— |
| |
(a) | in the case of any principal local authority, a matter which relates to a |
| 25 |
function of the authority, and |
| |
(b) | in the case of a relevant principal local authority, a matter which— |
| |
(i) | does not relate to a function of the authority, but |
| |
(ii) | relates to an improvement in the economic, social or |
| |
environmental well-being of the authority’s area to which any |
| 30 |
of its partner authorities could contribute. |
| |
(3) | In subsection (2)(b)— |
| |
(a) | “relevant principal local authority” means a principal local authority in |
| |
England other than a non-unitary district council; |
| |
(b) | “partner authority”, in relation to such an authority, has the same |
| 35 |
meaning as in Chapter 1 of Part 5 of the Local Government and Public |
| |
Involvement in Health Act 2007 (c. 28). |
| |
(4) | For the purposes of subsection (1)(a)— |
| |
(a) | the appropriate national authority may by order specify matters falling |
| |
within subsection (2)(a) which are not to be regarded as relating to a |
| 40 |
function of the authority; |
| |
(b) | the Secretary of State may by order specify matters falling within |
| |
subsection (2)(b) which are not to be regarded as relevant matters. |
| |
|
| |
|
| |
|
(5) | A principal local authority’s petition scheme must secure that, where an active |
| |
petition is made to the authority, the authority must take one or more steps in |
| |
response to the petition. |
| |
(6) | A principal local authority’s petition scheme must secure that the steps which |
| |
may be taken by the authority pursuant to subsection (5) include the |
| 5 |
| |
(a) | giving effect to the request in the petition; |
| |
(b) | considering the petition at a meeting of the authority; |
| |
| |
(d) | holding a public meeting; |
| 10 |
(e) | commissioning research; |
| |
(f) | giving a written response to the petition organiser setting out the |
| |
authority’s views about the request in the petition; |
| |
(g) | in the case of a principal local authority operating executive |
| |
arrangements, referring the petition to an overview and scrutiny |
| 15 |
committee of the authority; |
| |
(h) | in the case of a principal local authority not operating executive |
| |
arrangements, referring the petition to a committee of the authority |
| |
with power under or by virtue of any enactment to review or scrutinise |
| |
decisions made, or other action taken, in connection with the discharge |
| 20 |
of any functions of the authority. |
| |
(7) | A principal local authority’s petition scheme must secure that where an active |
| |
petition is made to the authority, the authority must also within the specified |
| |
| |
(a) | notify the petition organiser in writing of the steps the authority has |
| 25 |
taken or proposes to take in response to the petition and of the |
| |
authority’s reasons for doing so, and |
| |
(b) | publish that notification on the authority’s website unless the authority |
| |
considers that in all the circumstances it would be inappropriate to do |
| |
| 30 |
(8) | In subsection (7), “specified period” means the period specified for the |
| |
purposes of this section in the petition scheme. |
| |
(9) | A principal local authority’s petition scheme may— |
| |
(a) | permit the notification referred to in subsection (7)(a) to be included in |
| |
an acknowledgment sent pursuant to section 13(1); |
| 35 |
(b) | in a case where the authority takes the step referred to in subsection |
| |
(6)(f), permit the notification referred to in subsection (7)(a) to be |
| |
included in the response referred to in subsection (6)(f). |
| |
| |
(1) | For the purposes of this section, a “petition requiring debate”, in relation to a |
| 40 |
principal local authority, is an active petition made to the authority in relation |
| |
to which the conditions in subsection (2) are met. |
| |
(2) | Those conditions are that— |
| |
(a) | the petition is signed by the specified number of persons who live, |
| |
work or study in the authority’s area, and |
| 45 |
(b) | the petition is not a petition requiring an officer to be called to account |
| |
by the authority (within the meaning of section 16). |
| |
|
| |
|
| |
|
(3) | A principal local authority’s petition scheme must secure that, where a petition |
| |
requiring debate is made to the authority, the steps taken by the authority |
| |
under section 14(5) include or comprise the step of considering the petition at |
| |
a meeting of the authority. |
| |
(4) | In subsection (2)(a), “specified number” means the number specified for the |
| 5 |
purposes of this section in the principal local authority’s petition scheme. |
| |
16 | Requirement to call officer to account |
| |
(1) | For the purposes of this section, a petition “requiring an officer to be called to |
| |
account” by a principal local authority is an active petition made to the |
| |
authority in relation to which the conditions in subsection (2) are met. |
| 10 |
(2) | Those conditions are that— |
| |
(a) | the petition is signed by the specified number of persons who live, |
| |
work or study in the authority’s area, |
| |
(b) | the petition requests that an officer of the authority (whether identified |
| |
by name or description) be called to account at a public meeting of the |
| 15 |
| |
(c) | the officer is a relevant officer, and |
| |
(d) | the petition gives grounds for the request which relate to the discharge |
| |
of functions for which the officer is responsible. |
| |
(3) | In subsection (2)(a), “specified number” means the number specified for the |
| 20 |
purposes of this section in the principal local authority’s petition scheme. |
| |
(4) | In subsection (2)(c), “relevant officer” means an officer of the principal local |
| |
authority of a description specified for the purposes of this subsection in the |
| |
authority’s petition scheme. |
| |
(5) | The descriptions of officer specified under subsection (4) must include— |
| 25 |
(a) | the statutory chief officers of the authority within the meaning of |
| |
section 2 of the Local Government and Housing Act 1989 (c. 42), |
| |
(b) | the non-statutory chief officers of the authority within the meaning of |
| |
| |
(c) | the head of the authority’s paid service. |
| 30 |
(6) | A principal local authority’s petition scheme must secure the results in |
| |
| |
(a) | a petition requiring an officer to be called to account by the authority is |
| |
made to the authority, and |
| |
(b) | the authority operates executive arrangements. |
| 35 |
(7) | The results in this subsection are that the steps taken by the authority under |
| |
section 14(5) include or comprise the following steps— |
| |
(a) | the exercise by an overview and scrutiny committee of the authority of |
| |
its power under subsection (13)(a) of section 21 of the Local |
| |
Government Act 2000 (c. 22) to require the relevant person to attend |
| 40 |
before it to answer questions; |
| |
(b) | after the relevant person has attended before the overview and scrutiny |
| |
committee, the making by the committee of a report or |
| |
recommendations to the authority under subsection (2) of that section; |
| |
(c) | the sending by the authority of a copy of that report or those |
| 45 |
recommendations to the petition organiser. |
| |
|
| |
|
| |
|
(8) | A principal local authority’s petition scheme must secure the results in |
| |
| |
(a) | a petition requiring an officer to be called to account by the authority is |
| |
| |
(b) | the authority does not operate executive arrangements, and |
| 5 |
(c) | under or by virtue of any enactment the authority has a committee with |
| |
| |
(i) | to require officers of the authority to attend before it to answer |
| |
| |
(ii) | to make reports or recommendations to the authority. |
| 10 |
(9) | Those results are that the steps taken by the authority under section 14(5) |
| |
include or comprise the following steps— |
| |
(a) | the exercise by the committee referred to in subsection (8)(c) of its |
| |
power to require the relevant person to attend before it to answer |
| |
| 15 |
(b) | after the relevant person has attended before the committee, the |
| |
exercise by the committee of its power to make a report or |
| |
recommendations to the authority; |
| |
(c) | the sending by the authority of a copy of that report or those |
| |
recommendations to the petition organiser. |
| 20 |
(10) | In each of subsections (7)(a) and (9)(a), “relevant person” means— |
| |
(a) | the officer identified in the petition, or |
| |
(b) | if the committee referred to in that subsection considers that for the |
| |
purposes of addressing the concerns raised by the petition it would be |
| |
more appropriate for another officer of the authority to attend before it, |
| 25 |
| |
| |
(1) | A principal local authority’s petition scheme must secure the results in |
| |
| |
(a) | pursuant to an active petition made to the authority, the authority gives |
| 30 |
notification further to section 14(7)(a), and |
| |
(b) | the authority operates executive arrangements. |
| |
| |
(a) | if the petition organiser so requests, an overview and scrutiny |
| |
committee of the authority must under subsection (2)(a) of section 21 of |
| 35 |
the Local Government Act 2000 (c. 22) review the adequacy of the steps |
| |
taken or proposed to be taken in response to the petition (or arrange, |
| |
pursuant to subsection (3)(b) of that section, for the authority to do so); |
| |
(b) | the authority must inform the petition organiser of the results of the |
| |
| 40 |
(c) | the authority must publish those results on the authority’s website |
| |
unless the authority considers that in all the circumstances it would be |
| |
| |
(3) | A principal local authority’s petition scheme must secure the results in |
| |
| 45 |
(a) | pursuant to an active petition made to the authority, the authority gives |
| |
notification further to section 14(7)(a), |
| |
|
| |
|
| |
|
(b) | the authority does not operate executive arrangements, and |
| |
(c) | under or by virtue of any enactment the authority has a committee with |
| |
power to review or scrutinise decisions made, or other action taken, in |
| |
connection with the discharge of functions of the authority. |
| |
| 5 |
(a) | if the petition organiser so requests, the authority’s committee referred |
| |
to in subsection (3)(c) must exercise the power referred to in that |
| |
subsection to review the adequacy of the authority’s steps in response |
| |
to the petition (or exercise any power of the committee to arrange for |
| |
| 10 |
(b) | the authority must inform the petition organiser of the results of the |
| |
| |
(c) | the authority must publish those results on the authority’s website |
| |
unless the authority considers that in all the circumstances it would be |
| |
| 15 |
18 | Supplementary scheme provision |
| |
(1) | A principal local authority’s petition scheme may, subject to the requirements |
| |
of this Chapter, include such provision as the authority making it considers |
| |
| |
(2) | That provision may in particular include— |
| 20 |
(a) | provision relating to petitions which are not petitions to which section |
| |
| |
(b) | provision for handling a petition made to more than one principal local |
| |
| |
(c) | provision for handling a petition made to one principal local authority |
| 25 |
which relates to functions of another principal local authority. |
| |
| |
19 | Powers of appropriate national authority |
| |
(1) | The appropriate national authority may by order make provision as to what a |
| |
petition scheme must or must not contain. |
| 30 |
(2) | The appropriate national authority may give guidance to one or more principal |
| |
local authorities in relation to the discharge of their functions under this |
| |
| |
(3) | Provision in an order under subsection (1) or guidance under subsection (2) |
| |
may relate in particular, in the case of a petition scheme, to— |
| 35 |
(a) | the number to be specified pursuant to section 12(2), 15(4) or 16(3), |
| |
(b) | the period to be specified pursuant to section 13(2) or 14(8), or |
| |
(c) | the officers to be specified pursuant to section 16(4). |
| |
(4) | Guidance under subsection (2) may include a model petition scheme. |
| |
(5) | A principal local authority may for the purpose of the discharge of its duties |
| 40 |
under this Chapter, adopt, with or without modification, the provisions of a |
| |
model petition scheme under subsection (4). |
| |
|
| |
|
| |
|
(6) | The appropriate national authority may direct a principal local authority to |
| |
make such revisions to its petition scheme as may be specified in the direction |
| |
(and subsection (4) of section 11 applies in relation to any petition scheme |
| |
revised under this subsection). |
| |
(7) | The powers conferred by this section are subject to the requirements of this |
| 5 |
| |
20 | Handling of petitions by other bodies |
| |
(1) | The appropriate national authority may by order make provision for the |
| |
handling of petitions by any body to which this section applies. |
| |
(2) | The bodies to which this section applies are— |
| 10 |
(a) | a parish council in England; |
| |
(b) | a community council in Wales; |
| |
(c) | the Greater London Authority; |
| |
(d) | the London Development Agency; |
| |
(e) | Transport for London; |
| 15 |
(f) | an Integrated Transport Authority; |
| |
(g) | an economic prosperity board established under section 85 or a |
| |
combined authority established under section 100; |
| |
(h) | a National Park authority; |
| |
(i) | any body specified in section 21(1)(f) to (n) of the Local Government |
| 20 |
and Housing Act 1989 (c. 42). |
| |
(3) | An order under this section may be made in relation to— |
| |
(a) | one or more specified bodies to which this section applies, or |
| |
(b) | bodies to which this section applies of a particular description. |
| |
(4) | The provision which may be made by an order under this section includes |
| 25 |
provision applying, with or without modification, any provision made under |
| |
this Chapter in relation to the handling of petitions by principal local |
| |
| |
| |
| 30 |
(1) | Orders under this Chapter are to be made by statutory instrument. |
| |
(2) | A statutory instrument containing an order under this Chapter made by the |
| |
Secretary of State, other than an order referred to in subsection (3), is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(3) | The Secretary of State may not make a statutory instrument containing an |
| 35 |
order under section 20 which relates to the handling of petitions by a parish |
| |
council in England unless a draft of the instrument containing the order has |
| |
been laid before, and approved by, a resolution of each House of Parliament. |
| |
(4) | A statutory instrument containing an order under this Chapter made by the |
| |
Welsh Ministers, other than an order referred to in subsection (5), is subject to |
| 40 |
annulment in pursuance of a resolution of the National Assembly for Wales. |
| |
|
| |
|
| |
|
(5) | The Welsh Ministers may not make a statutory instrument containing an order |
| |
under section 20 which relates to the handling of petitions by a community |
| |
council in Wales unless a draft of the instrument containing the order has been |
| |
laid before, and approved by, a resolution of the National Assembly for Wales. |
| |
| 5 |
| |
“active petition” has the meaning given by section 14(1); |
| |
“appropriate national authority” means— |
| |
(a) | the Secretary of State, in relation to a principal local authority or |
| |
other authority in England; |
| 10 |
(b) | the Welsh Ministers, in relation to a principal local authority or |
| |
other authority in Wales; |
| |
“e-petition facility” has the meaning given by section 10(4); |
| |
“executive arrangements” has the same meaning as in Part 2 of the Local |
| |
Government Act 2000 (c. 22); |
| 15 |
“non-unitary district council” means a district council for an area which is |
| |
part of the area of a county council; |
| |
“overview and scrutiny committee”, in relation to a principal local |
| |
authority operating executive arrangements, means a committee |
| |
appointed by the authority under section 21 of the Local Government |
| 20 |
| |
“petition organiser”, in relation to a petition made to a principal local |
| |
| |
(a) | the person designated in the petition as the person with whom |
| |
the authority may deal in relation to the petition, or |
| 25 |
(b) | such other person as agrees with the authority to be the person |
| |
with whom the authority may deal in relation to the petition; |
| |
“petition scheme” has the meaning given by section 11(2); |
| |
“principal local authority” has the meaning given by section 10(3). |
| |
(2) | For the purposes of this Chapter, the date on which a petition using a principal |
| 30 |
local authority’s e-petition facility is made to the authority is such date after the |
| |
petition is first opened for signature as may be— |
| |
(a) | determined by the petition organiser, or |
| |
(b) | in the absence of such determination, specified in the scheme. |
| |
| 35 |
Involvement in functions of public authorities |
| |
23 | Duty of public authorities to secure involvement |
| |
(1) | Where an authority to which this section applies considers it appropriate for |
| |
representatives of interested persons (or of interested persons of a particular |
| |
description) to be involved in the exercise of any of its relevant functions by |
| 40 |
| |
(a) | provided with information about the exercise of the function, |
| |
(b) | consulted about the exercise of the function, or |
| |
(c) | involved in another way, |
| |
|
| |
|