Article 3 Systematic failure in discharge of functions not an excluded matter

A matter does not fall within article 2 if it consists of an allegation that a function for which the authority is responsible has not been discharged at all or that its discharge has failed or is failing on a systematic basis, notwithstanding the fact that the allegation specifies or refers to a planning decision, a licensing decision or a matter of the description referred to in paragraph (c) of that article.