Article 4 Systemic failure in discharge of functions not an excluded matterI1
England and Wales
(1)
A matter does not fall within a description in article 3(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 systemic basis.
(2)
Paragraph (1) applies notwithstanding the fact that the allegation specifies or refers to—
(a)
any matter relating to a planning decision;
(b)
any matter relating to a licensing decision; or
(c)
any matter relating to a person in respect of which that person has a right of recourse to a review or right of appeal conferred by or under any enactment.