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SCHEDULES

SCHEDULE 1U.K. Qualified privilege

Modifications etc. (not altering text)

C1Sch. 1 extended (1.12.1998) by 1998 c. 38, s. 77(4)(a) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

Part IIU.K. Statements privileged subject to explanation or contradiction

Valid from 06/05/2002

11(1)A fair and accurate report of proceedings at any public meeting or sitting in the United Kingdom of—U.K.

(a)a local authority [F1or local authority committee];

[F3(aa)in the case of a local authority which are operating executive arrangements, the executive of that authority or a committee of that executive;]

(b)a justice or justices of the peace acting otherwise than as a court exercising judicial authority;

(c)a commission, tribunal, committee or person appointed for the purposes of any inquiry by any statutory provision, by Her Majesty or by a Minister of the Crown [F4a member of the Scottish Executive]or a Northern Ireland Department;

(d)a person appointed by a local authority to hold a local inquiry in pursuance of any statutory provision;

(e)any other tribunal, board, committee or body constituted by or under, and exercising functions under, any statutory provision.

[F5(1A)In the case of a local authority which are operating executive arrangements, a fair and accurate record of any decision made by any member of the executive where that record is required to be made and available for public inspection by virtue of section 22 of the Local Government Act 2000 or of any provision in regulations made under that section.]

(2)[F6In sub-paragraphs (1)(a) and (1A)—

“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

  • local authority” means—

    (a)

    in relation to England and Wales, a principal council within the meaning of the M1Local Government Act 1972, any body falling within any paragraph of section 100J(1) of that Act or an authority or body to which the M2Public Bodies (Admission to Meetings) Act 1960 applies,

    (b)

    in relation to Scotland, a council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994 or an authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies,

    (c)

    in relation to Northern Ireland, any authority or body to which sections 23 to 27 of the M4Local Government Act (Northern Ireland) 1972 apply; and

  • local authority committee” means any committee of a local authority or of local authorities, and includes—

    (a)

    any committee or sub-committee in relation to which sections 100A to 100D of the Local Government Act 1972 apply by virtue of section 100E of that Act (whether or not also by virtue of section 100J of that Act), and

    (b)

    any committee or sub-committee in relation to which sections 50A to 50D of the Local Government (Scotland) Act 1973 apply by virtue of section 50E of that Act.

(3)A fair and accurate report of any corresponding proceedings in any of the Channel Islands or the Isle of Man or in another member State.

Textual Amendments

F1Words in Sch. 1 para. 11(1)(a) substituted (E.) (6.5.2002) by S.I. 2002/1057, art. 12(a)

F2Words in Sch. 1 para. 11(1)(a) substituted (E.) (11.7.2001) by S.I. 2001/2237, art. 31(a); and those same words substituted (W.) (1.4.2002) by S.I. 2002/808, art. 30(a)

F4Words in Sch. 1 para. 11(1)(c) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8, para. 33(3)(with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

F5Sch. 1 para. 11(1A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 31(b); and that same sub-paragraph inserted (W.) (1.4.2002) by S.I. 2002/808, art. 30(b)

F6Words in Sch. 1 para. 11(2) substituted (E.) (11.7.2001) by S.I. 2001/2237, art. 31(c); and those same words substituted (W.) (1.4.2002) by S.I. 2002/808, art. 30(c)

Modifications etc. (not altering text)

Marginal Citations