Local Democracy, Economic Development and Construction Act 2009 (c. 20)

Part 1 E+W Democracy and involvement

Valid from 20/03/2010

Chapter 2 E+W Petitions to local authorities

General E+W

21 Orders E+W

(1) Orders under this Chapter are to be made by statutory instrument.

(2) A statutory instrument containing an order under this Chapter made by the Secretary of State, other than an order referred to in subsection (3), is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The Secretary of State may not make a statutory instrument containing an order under section 20 which relates to the handling of petitions by a parish council in England unless a draft of the instrument containing the order has been laid before, and approved by, a resolution of each House of Parliament.

(4) A statutory instrument containing an order under this Chapter made by the Welsh Ministers, other than an order referred to in subsection (5), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) The Welsh Ministers may not make a statutory instrument containing an order under section 20 which relates to the handling of petitions by a community council in Wales unless a draft of the instrument containing the order has been laid before, and approved by, a resolution of the National Assembly for Wales.

22 Interpretation E+W

(1) In this Chapter—

• “active petition” has the meaning given by section 14(1);

• “appropriate national authority” means—

  (a)

  the Secretary of State, in relation to a principal local authority or other authority in England;

  (b)

  the Welsh Ministers, in relation to a principal local authority or other authority in Wales;

• “e-petition facility” has the meaning given by section 10(4);

• “executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000 (c. 22);

• “non-unitary district council” means a district council for an area which is part of the area of a county council;

• “overview and scrutiny committee”, in relation to a principal local authority operating executive arrangements, means a committee appointed by the authority under section 21 of the Local Government Act 2000;

• “petition organiser”, in relation to a petition made to a principal local authority, means—

  (a)

  the person designated in the petition as the person with whom the authority may deal in relation to the petition, or

  (b)

  such other person as agrees with the authority to be the person with whom the authority may deal in relation to the petition;

• “petition scheme” has the meaning given by section 11(2);

• “principal local authority” has the meaning given by section 10(3).

(2) For the purposes of this Chapter, the date on which a petition using a principal local authority's e-petition facility is made to the authority is such date after the petition is first opened for signature as may be—

(a) determined by the petition organiser, or

(b) in the absence of such determination, specified in the scheme.