OpenLegislation

Article 1 Citation, commencement, interpretation and application

Original text. Later amendments are not shown.

(1)

This Order may be cited as the Local Authorities (Petitions) (England) Order 2010 and shall come into force on 15th June 2010.

(2)

In this Order—

  • “the Act” means the Local Democracy, Economic Development and Construction Act 2009;

  • “licensing decision” means—

    1. (a)

      any decision in relation to—

      1. (i)

        an application for the grant, variation or review of any authorisation under Part 3 or 4 of the Licensing Act 2003 (premises licences and club premises certificates)f1, or

      2. (ii)

        a hearing or appeal in respect of any such application;

    2. (b)

      any decision in relation to—

      1. (i)

        an application for the grant, renewal or transfer of a licence under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments)f2,

      2. (ii)

        a request for the variation of any term, condition or restriction contained in such a licence, or

      3. (iii)

        the revocation of such a licence;

    3. (c)

      any decision in relation to—

      1. (i)

        an application for a licence, permit or registration under the Gambling Act 2005f3,

      2. (ii)

        a request for the variation of any term, condition or restriction associated with any such licence, permit or registration, or

      3. (iii)

        the revocation of any such licence, permit or registration; and

    4. (d)

      any enforcement decision made under any of the Acts mentioned in sub-paragraphs (a) to (c) above, or subordinate legislation made under those Acts;

  • “the Planning Acts” means the Town and Country Planning Act 1990f4, the Planning (Listed Building and Conservation Areas) Act 1990f5, the Planning (Hazardous Substances) Act 1990f6 and the Planning Act 2008f7;

  • “planning decision” means—

    1. (a)

      any decision on an application under the Planning Acts or subordinate legislation made under those Acts for any agreement, approval, consent or permission,

    2. (b)

      any enforcement decision relating to any development within the meaning of those Actsf8, or

    3. (c)

      any decision in relation to the preparation, revision or adoption of a development plan document within the meaning of section 37(3) of the Planning and Compulsory Purchase Act 2004f9 or community infrastructure levy charging schedule within the meaning of section 211(1) of the Planning Act 2008; and

  • “right of recourse to a review” does not include any right to make a complaint to the Commission for Local Administration pursuant to Part 3 of the Local Government Act 1974f10.

(3)

This Order applies in relation to England only.

Annotations

Footnotes

f1

2003 c. 17. See the definition of “authorisation” in section 2(4) of that Act.

f2

1982 c. 30 to which there have been numerous amendments, the most recent of which were made by the Policing and Crime Act 2009 (c. 26).

f3

2005. c. 19.

f4

1990 c. 8.

f5

1990 c.9.

f6

1990 c.10.

f7

2008 c. 29.

f8

“Development” is defined in section 55 of the Town and Country Planning Act 1990 and is used with the same meaning in the other Planning Acts, with some modification, in the case of the Planning Act 2008, where the definition is subject to sections 32(2) and (3) of that Act.

f9

2004 c.5. Section 37(3) was amended by section 180(1) and (6)(a) of the Planning Act 2008 (c. 29).

f10

1974 c. 7.