Local Democracy, Economic Development and Construction Bill [HL]

House of Commons

Session 2008 - 09
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Local Democracy, Economic Development and Construction Bill [HL]

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 2 — Petitions to local authorities
8

(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,
works or studies);
(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
where—
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.

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 2 — Petitions to local authorities
9

(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
following—
(a)
giving effect to the request in the petition;
(b)
considering the petition at a meeting of the authority;
(c)
holding an inquiry;
(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
period—
(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
so.
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(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).
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Requirement to debate
(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).

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 2 — Petitions to local authorities
10

(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.
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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
authority,
(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
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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
that section, and
(c)
the head of the authority’s paid service.
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(6)
A principal local authority’s petition scheme must secure the results in
subsection (7) where—
(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.
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(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.

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 2 — Petitions to local authorities
11

(8)
A principal local authority’s petition scheme must secure the results in
subsection (9) where—
(a)
a petition requiring an officer to be called to account by the authority is
made to the authority,
(b)
the authority does not operate executive arrangements, and
5
(c)
under or by virtue of any enactment the authority has a committee with
power—
(i)
to require officers of the authority to attend before it to answer
questions, and
(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
questions;
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.
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(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
that officer.
17
Review of steps
(1)
A principal local authority’s petition scheme must secure the results in
subsection (2) where—
(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.
(2)
Those results are—
(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
review;
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
inappropriate to do so.
(3)
A principal local authority’s petition scheme must secure the results in
subsection (4) where—
45
(a)
pursuant to an active petition made to the authority, the authority gives
notification further to section 14(7)(a),

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 2 — Petitions to local authorities
12

(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.
(4)
Those results are—
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
the authority to do so);
10
(b)
the authority must inform the petition organiser of the results of the
review;
(c)
the authority must publish those results on the authority’s website
unless the authority considers that in all the circumstances it would be
inappropriate to do so.
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
appropriate.
(2)
That provision may in particular include—
20
(a)
provision relating to petitions which are not petitions to which section
12 applies;
(b)
provision for handling a petition made to more than one principal local
authority;
(c)
provision for handling a petition made to one principal local authority
25
which relates to functions of another principal local authority.
Supplementary
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
Chapter.
(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).

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 2 — Petitions to local authorities
13

(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
Chapter.
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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
authorities.
General
21
Orders
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.

Local Democracy, Economic Development and Construction Bill [HL]
Part 1 — Democracy and involvement
Chapter 3 — Involvement in functions of public authorities
14

(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.
22
Interpretation
5
(1)
In this Chapter—
“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
Act 2000;
“petition organiser”, in relation to a petition made to a principal local
authority, means—
(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.
Chapter 3
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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
being—
(a)
provided with information about the exercise of the function,
(b)
consulted about the exercise of the function, or
(c)
involved in another way,