Search Legislation

Local Government (Review of Decisions) Act 2015

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

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

This section has no associated Explanatory Notes

In the Local Government Act 1974 before Part 3 insert—

PART 2ADecisions relating to holding of events

22ADecisions invoking health or safety: notification, reasons and review

(1)Subsection (2) applies if—

(a)a decision that relates to an event in England 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, by the end of 15 days beginning with 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources