Local Government and Elections (Wales) Act 2021 (asc1)

SCHEDULE 4 E+W Notice of local authority meetings, access to documents and attendance at meetings

PART 1 E+W Notice of local authority meetings and access to documents

Copies and publication of documents relating to meetings of local authorities E+W

7 E+W After section 100B of the 1972 Act (access to agenda and connected reports), insert—

“100BA Access to agenda and connected reports: principal councils in Wales

(1) Copies of the agenda for a meeting of a principal council in Wales and copies of any report for the meeting must be published—

(a) electronically, and

(b) in accordance with subsections (3) to (5).

(2) If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer's opinion, the meeting is likely not to be open to the public.

(3) A document required to be published under subsection (1) must be published at least three clear days before the meeting, or, if the meeting is convened at shorter notice, then at the time it is convened.

(4) If an item is added to an agenda, copies of which have been published, copies of the item or revised agenda and copies of any report for the meeting relating to the item must be published at the time the item is added to the agenda.

(5) Nothing in subsections (3) and (4) requires a document or copies of an agenda, item or report to be published until the document or copies are available to members of the council.

(6) An item of business may not be considered at a meeting of a principal council in Wales unless either—

(a) a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or

(b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(7) Where the whole or part of a report is excluded under subsection (2)—

(a) every copy of the report or of the part must be marked “Not for publication”, and

(b) there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.

(8) Where a meeting of a principal council in Wales—

(a) is required by section 100A to be open to the public during the proceedings or part of them, and

(b) is not held through remote means only,

there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.

(9) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a) a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting,

(b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and

(c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(10) Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).”

Commencement Information

I1 Sch. 4 para. 7 in force at 1.5.2021 by S.I. 2021/354, art. 2(c) (with art. 3)