22 Access to information etc.E+W
(1)Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
(2)Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
(3)A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.
(4)A written record must be kept of prescribed decisions made by individual members of local authority executives.
(5)Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
(6)Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the [F1Welsh Ministers].
(7)Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
(8)The [F2Welsh Ministers] may by regulations make provision—
(a)with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
(b)for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
(c)for or in connection with requiring written records falling within paragraph (b) to include reasons,
(d)for or in connection with requiring any such written records to be made available to members of the public,
(e)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
(9)The [F2Welsh Ministers] may by regulations make provision—
(a)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,
(b)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,
(c)with respect to the information which is to be included in written records kept by virtue of this section,
(d)with respect to the reasons which are to be included in any such written records,
(e)with respect to the persons who are to produce, keep or make available any such written records,
(f)for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
(g)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
(h)for or in connection with requiring information to be made available by electronic means,
(i)for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,
(j)for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.
(10)The [F2Welsh Ministers] may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public [F3, members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee].
(11)The provision which may be made under subsection (10) includes provision—
(a)requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
(b)as to the way or form in which prescribed information is to be made available.
(12)The [F4Welsh Ministers] may by regulations make provision which, in relation to meetings of—
(a)local authority executives or committees of such executives, or
(b)joint committees, or sub-committees of such committees, falling within subsection (8)(a),
applies or reproduces (with or without modifications) any provisions of Part VA of the M1Local Government Act 1972.
[F5(12A)The [F6Welsh Ministers] may by regulations make provision, in relation to—
(a)the publication by executives of local authorities F7... under section 21BF8... of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or
(b)the provision by such executives under that section of copies of such responses,
which applies or reproduces (with or without modifications) any provisions of section 21D.]
(13)In this section—
“joint committee” means a joint committee falling within section 101(5)(a) of the M2Local Government Act 1972,
“prescribed” means prescribed by regulations made by the [F9Welsh Ministers].
Textual Amendments
F1Words in s. 22(6) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)
F2Words in s. 22(8)-(10) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)
F3Words in s. 22(10) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 65, 175(7); S.I. 2021/231, art. 6(n)
F4Words in s. 22(12) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)
F5S. 22(12A) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 122(2), 245(5); S.I. 2008/3110, art. 4(d)
F6Words in s. 22(12A) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(3)(a); S.I. 2012/1008, art. 4(b)
F7Words in s. 22(12A)(a) repealed (30.4.2012) by Local Government (Wales) Measure 2011 (nawm 4), ss. 65(3)(b), 178(3), Sch. 4 Pt. D; S.I. 2012/1187, art. 2(1)(g)(2)(m)
F8Words in s. 22(12A)(a) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(3)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
F9Words in s. 22(13) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 28(2); S.I. 2012/1008, art. 4(b)
Commencement Information
I1S. 22 wholly in force at 28.7.2001; s. 22 not in force at Royal Assent see s. 108; s. 22 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 22 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 22(6)-(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 22 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations