OpenLegislation

Section 41 Power to require decisions to be reconsideredI1

(1)

Standing orders must make provision requiring reconsideration of a decision if 15 per cent. of the members of the council (rounded up to the next highest whole number if necessary) present to the clerk of the council a requisition on either or both of the following grounds—

(a)

that the decision was not arrived at after a proper consideration of the relevant facts and issues;

(b)

that the decision would disproportionately affect adversely any section of the inhabitants of the district.

(2)

Standing orders must require the clerk of the council to obtain an opinion from a practising barrister or solicitor before reconsideration of a decision on a requisition made wholly or partly on the ground mentioned in subsection (1)(b).

(3)

Regulations may amend the percentage mentioned in subsection (1) and the process by which a legal opinion is obtained in subsection (2).

(4)

In this section—

  • “decision” means a decision of the council or a committee of the council and includes a decision to make a recommendation;

  • “reconsideration” means—

    1. (a)

      in the case of a decision of the council, reconsideration by the council;

    2. (b)

      in any other case, consideration by the council or any specified committee of the council (whether or not the decision is a decision of that committee);

  • “section”, in relation to the inhabitants of a district, means a section of a specified description;

  • “specified” means specified in standing orders.

Annotations

Commencement

I1

S. 41 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2