# The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2008, Article 3: Systematic failure in discharge of functions not an excluded matter


A matter does not fall within a description in article 2(a) to (c) 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 relating to an individual or entity in respect of which that individual or entity has a right of recourse to review or right of appeal conferred by or under any enactment.

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Source: https://www.legislation.gov.uk/uksi/2008/3261/article/3 (the official version)
Page: https://openlegislation.uk/overview-and-scrutiny-reference-by-councillors-excluded-matters-england-order-2008/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.