# The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2012, Article 4: Systemic failure in discharge of functions not an excluded matter

Extent: E+W

(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.

---
Source: https://www.legislation.gov.uk/uksi/2012/1022/article/4 (the official version)
Page: https://openlegislation.uk/overview-and-scrutiny-reference-by-councillors-excluded-matters-england-order-2012/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.