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19. A decision-making body may hold a meeting in public or in private.
20.—(1) A decision made by a decision-making body to hold a meeting in private is a prescribed decision for the purposes of section 35(5) of the 2014 Act (meetings and access to information etc.: further provision and regulations).
(2) At least 28 days before a private meeting, the decision-making body must—
(a)make available at the offices of the relevant council a notice of its intention to hold the meeting in private; and
(b)publish that note on the relevant council’s website.
(3) A notice under paragraph (2) must include a statement of the reasons for the meeting to be held in private.
(4) At least five days before a private meeting, the decision-making body must—
(a)make available at the offices of the relevant council a further notice of its intention to hold the meeting in private; and
(b)publish that notice on the council’s website.
(5) A notice under paragraph (4) must include—
(a)a statement of the reasons for the meeting to be held in private;
(b)details of any representations received by the decision-making body about why the meeting should be open to the public; and
(c)a statement of its response to any such representations.
(6) Where the date by which a meeting must be held makes compliance with this regulation impracticable, the meeting may only be held in private where the decision-making body has obtained agreement from—
(a)the chairperson of the relevant overview and scrutiny committee;
(b)the chairperson of the relevant council, if the chairperson of the relevant overview and scrutiny committee is unable to act; or
(c)the vice-chairperson of the relevant council, where there is no chairperson of either the relevant overview and scrutiny committee or of the relevant council available,
that the meeting is urgent and cannot reasonably be deferred.
(7) As soon as reasonably practicable after the decision-making body has obtained agreement under paragraph (6) to hold a private meeting, it must—
(a)make available at the offices of the relevant council a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred; and
(b)publish that note on the relevant council’s website.
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