C26C17C34C16C15C14C2C3C1C8C9C10C11C12C18C22C39C43C40C44C38C32C35C28C25C23C36C37C33C41C31C27F1Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C26

Pt. 5A power to apply (with modifications) conferred by 2000 c. 22, s. 9GA(7) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e))

C17

Pt. 5A applied in part (with modifications) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8

C34

Pt. 5A modified by 2000 c. 22, s. 9FA(6)(a) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e))

C14

Pt. 5A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9

C2

Pt. 5A (ss. 100A-100K) modified by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 7

Pt. 5A (ss. 100A-100K) modified (11.9.1998) by 1998 c. 18, ss. 10(6), 55(2)

Pt. 5A (ss. 100A-100K) modified (E.) (2.4.2001) by S.I. 2001/1299, reg. 6(10)(a)

Pt. 5A (ss. 100A-100K) modified (W.) (28.7.2001) by S.I. 2001/2284, reg. 5(1)(a)

Pt. 5A (ss. 100A-100K) modified (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 24(7), 73; S.I. 2005/558, art. 2(1), Sch. 1

C3

Pt. 5A (ss. 100A-100K) extended (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 67(4)

Pt. 5A (ss. 100A-100K) extended (with modifications) (8.5.2000 and 3.7.2000) by 1999 c. 29, ss. 58, 61, 65 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3

Pt. 5A (ss. 100A-100K) extended (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 21(11)(a), 108(4)-(6); S.I. 2000/2849, art. 2(a)

C1

Pt. 5A (ss. 100A-100K) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5A (ss. 100A-100K) applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Pt. 5A (ss. 100A-100K) applied (with modifications) (8.5.2000 for specified purposes otherwise 3.7.2000) by 1988 c. 41, s. 115(3A) (as inserted (8.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 131(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4)

Pt. 5A applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(a)

Pt. 5A applied (with modifications) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(2)(a)

Pt. 5A (ss. 100A-100K) applied (W.) (28.7.2001) by S.I. 2001/2284, reg. 19(8)

Pt. 5A (ss. 100A-100K) applied (W.) (1.4.2002) by The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002 (S.I. 2002/802), reg. 11(8)(9)

C8

Pt. 5A (ss. 100A-100K): power to make provisions about matters of the kind dealt with in this part conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (a)(iii); S.I. 1997/1930, art. 2(1)(2)(m)

Pt. 5A (ss. 100A-100K): power to apply or reproduce (with or without modifications) conferred (E.) (7.8.2000 for specified purposes otherwise 26.10.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 22(12); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b); S.I. 2000/2948, art. 2

Pt. 5A (ss. 100A-100K): power to apply or reproduce conferred (W.) (1.11.2000 and 19.12.2000 with application in relation to police authorities in Wales) and (E.) (19.12.2000) by 2000 c. 22, s. 53(12); S.I. 2000/2948, art. 2; S.I. 2000/3335, art. 2

Pt. 5A (ss. 100A-100K): power to apply (with or without modifications) conferred (1.1.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 20(11), Sch. 6 para. 5; S.I. 2002/3190, art. 2

Pt. 5A (ss. 100A-100K): power to apply (with or without modifications) conferred (1.9.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 19(5), 42(3); S.I. 2003/2246, art. 2

C10

Pt. 5A: power to apply (with modifications) conferred (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 241(5), 277(1) (subject to s. 277(2)-(5))

C11

Pt. 5A (ss. 100A-100K) (except ss. 100E, 100G, 100J, 100K) applied (28.8.2001) by S.I. 2001/2812, reg. 7(1)(2) (as amended by S.I. 2003/1483, reg. 3(2))

C40

Pt. 5A applied (with modifications) (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(8), 240(2); S.I. 2012/1463, art. 2(f)

C38

Pt. 5A modified (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 7 para. 9(6)(7); S.I. 2015/841, art. 3(p) (with Sch. para. 1) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

C24C29C13C13E2C4C5C6C19C20C21C42F2100A Admission to meetings of principal councils.

1

A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

2

The public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

3

For the purposes of subsection (2) above, “confidential information” means—

a

information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

b

information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

C74

A principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

5

A resolution under subsection (4) above shall—

a

identify the proceedings, or the part of the proceedings, to which it applies, and

b

state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

F125A

Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

a

which can be used without that person’s presence at the meeting, and

b

which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

6

The following provisions shall apply in relation to a meeting of a principal council, that is to say—

a

public notice of the time and place of the meeting shall be given by posting it at the offices of the council F4five clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

b

while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

c

F5subject to subsection (7D), while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

7

F17Subject to subsection (7A) nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

F157A

While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

7B

Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

7C

A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

7D

Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

7E

Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

7F

Publication and dissemination may take place at the time of the meeting or occur after the meeting.

8

This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

F109

In this section “reporting” means—

a

filming, photographing or making an audio recording of proceedings at a meeting,

b

using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or

c

reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.

C24C29E1C4C5C19C20C21C30F2100AF3 Admission to meetings of principal councils.

1

F8A meeting of a principal council shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

2

F6Where a meeting is open to the public, the public shall be excluded from a meeting of a principal council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

3

For the purposes of subsection (2) above, “confidential information” means—

a

information furnished to the council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

b

information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

C74

F13Where a meeting is open to the public, a principal council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 100I below.

5

A resolution under subsection (4) above shall—

a

identify the proceedings, or the part of the proceedings, to which it applies, and

b

state the description, in terms of Schedule 12A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed F16this section does not require the meeting to be openF16the meeting is not to be open to the public during proceedings to which the resolution applies.

F125A

Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

a

which can be used without that person’s presence at the meeting, and

b

which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

6

The following provisions shall apply in relation to a meeting of a principal council, that is to say—

a

F7F11in relation to a principal council in England, public notice of the time and place of the meeting shall be given by posting it at the offices of the council three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

F7public notice of the time of the meeting and, if the meeting is to be open to the public, how to access the meeting, must be given by publishing it electronically at least three clear days before the meeting or, if the meeting is convened at shorter notice, then as soon as reasonably practicable;

F14aa

in relation to a principal council in Wales, public notice of the meeting must be given—

i

in accordance with subsection (6A), and

ii

by publishing the notice electronically,

at least three clear days before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

b

while the meeting is open to the public, the council shall not have power to exclude members of the public from the meeting; and

c

F18F5subject to subsection (7D), while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

F96A

The notice given under subsection (6)(aa) must—

a

where the meeting or part of the meeting is open to the public and is held through remote means only, give details of the time of the meeting and how to access it;

b

where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and how to access it;

c

where the meeting is not open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and the fact that it is not open to the public;

d

where the meeting is not open to the public and is held through remote means only, give details of the time of the meeting, and the fact that it is being held through remote means only and is not open to the public.

7

F17Subject to subsection (7A) nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

F157A

While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

7B

Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

7C

A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

7D

Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

7E

Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

7F

Publication and dissemination may take place at the time of the meeting or occur after the meeting.

8

This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

F109

In this section “reporting” means—

a

filming, photographing or making an audio recording of proceedings at a meeting,

b

using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or

c

reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.