Community Right to Challenge

May 22nd, 2012 by James Goudie KC

On 17 May 2012, in exercise of powers conferred by sections 81 and 235 of the Localism Act 2011, the Secretary of State made the Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012, SI 2012/1313.  They will come into force on 27 June 2012.  Regulation 3 and Schedule 1 specify requirements for expressions of interest for the purposes of Section 81(1)(b).  Regulation 4 and Schedule 2 specify services that are to be excluded for the purposes of Section 81(5), in some cases only until 1 April 2014.  The Secretary of State has also issued Statutory Guidance on the Community Right to Challenge.


The Local Government Finance Bill, carried over from the last Session, completed its passage through the House of Commons on 21 May 2012.  In conjunction with the Bill, CLG has issued numerous publications. With respect to the Business Rates Retention Scheme they are:

·                      The economic benefits of local business rates retention

·                      The central and local shares of business rates  – A Statement of Intent

·                      Renewable energy projects – A Statement of Intent

·                      Pooling Prospectus

·                      The Safety Net and Levy – A Statement of Intent

With respect to Localising Support for Council Tax” they are:

·                      A Statement of Intent

·                      Funding arrangements consultation

·                      Taking work incentives into account

·                      Vulnerable people – key local authority duties (including, Chapter 2, the Public Sector Equality Duty, Chapter 3, duty to mitigate the effects of child poverty, Chapter 4, the Armed Forces Covenant, and Chapter 5, duty to prevent homelessness).

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