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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

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(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

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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

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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;

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(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.

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).

15      

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.

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

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

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

that section, and

(c)   

the head of the authority’s paid service.

30

(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.

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

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.

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

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

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

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,

 
 

 
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