Part 2A - Decisions relating to holding of events

Local Government Ombudsman (Amendment) Bill – in a Public Bill Committee at 10:00 am on 11th January 2012.

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

(1) Subsection (2) applies if—

(a) a 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 reasons 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) do 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) a 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 be 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) must 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 notification 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) as 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 or 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) withdrawn,

(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) If 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 under the Banking and Financial Dealings Act 1971 in England and Wales”’.—(Mr Chope.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The Committee divided: Ayes 8, Noes 4.

Division number 4 Decision Time — Part 2A - Decisions relating to holding of events

Aye: 8 MPs

No: 4 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

New clause 1 read a Second time, and added to the Bill.