SCHEDULE

Statements having qualified privilege
PART 2

Statements having qualified privilege subject to explanation or contradiction

Reports of proceedings of local government, committees, commissions, inquiries, tribunals etc.
11
1
A fair and accurate report of proceedings at any public meeting or sitting in the United Kingdom of—
a
a local authority, local authority committee or, in the case of a local authority which is 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, a member of the Scottish Government, the Welsh Ministers or the Counsel General to the Welsh Government 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.
2
In the case of a local authority which is 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 (access to information etc.) or of any provision in regulations made under that section.
3
In sub-paragraphs (1) (a) and (2)—
- “executive” and “executive arrangements” have the same meaning as in Part 2 of the Local Government Act 2000,
- “local authority” means—
  1. in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or an authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies,
  2. in relation to England and Wales, a principal council within the meaning of the Local Government Act 1972, any body falling within any paragraph of section 100J(1) of that Act or an authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies,
  3. in relation to Northern Ireland, any authority or body to which sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 apply, and
- “local authority committee” means any committee of a local authority or of local authorities, and includes—
  1. 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, and
  2. 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).
4
A fair and accurate report of any corresponding proceedings in any of the Channel Islands or the Isle of Man or in a member State.
Sch. para. 11 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2