Local Government Act (Northern Ireland) 1972 (c. 9)

PART II N.I. MEMBERS, MEETINGS AND PROCEDURE

N.I. Admission to meetings

23 Admission of public to meetings. N.I.

(1) Subject to the provisions of this section and section 27 every meeting of a council shall be open to the public.

(2) A council may by resolution exclude the public from a meeting of the council (whether during the whole or part of the proceedings at the meeting) whenever publicity would be prejudicial to the public interest—

(a) by reason of the confidential nature of the business to be transacted at the meeting; or

(b) for such special reasons as may be specified in the resolution being reasons arising from the nature of the business to be transacted or of the proceedings at the meeting.

(3) Without prejudice to the generality of subsection (2), a council may treat the need to receive or consider recommendations or advice from sources other than councillors, or committees or sub-committees of the council, or joint committees as a special reason for the purposes of subsection (2)( b) without regard to the subject or purport of the recommendations or advice.

(4) Where at a meeting of a council the council resolves itself into committee, the proceedings in committee shall for the purposes of this Act be treated as forming part of the proceedings of the council at the meeting.

Modifications etc. (not altering text)

C1 Ss. 23-27, 31, 48, 123, 126, 127 applied (with modifications) (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 12 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

C2 Ss. 23-27 applied (with modifications) (25.1.2010) by Health and Social Care Act 2008 (c. 14), ss. 98(3), 170(3), Sch. 6 para. 23; S.I. 2010/23, art. 2(b)(g)(iii)

24 Information to be given as to meetings. N.I.

Where a meeting of a council is required by section 23 to be open to the public during the whole or any part of the proceedings at the meeting, the council shall, if so requested by or on behalf of a newspaper and on payment by or on behalf of that newspaper of postage or other necessary expenses which may be incurred for transmission, supply for the benefit of that newspaper—

(a) a copy of the agenda as circulated to members of the council with the omission of any item during the proceedings on which the meeting is likely not to be open to the public; and

(b) such further statements or particulars and copies of such other documents as are necessary to indicate the nature of any item included in the copy of the agenda so supplied.

Modifications etc. (not altering text)

C3 Ss. 23-27, 31, 48, 123, 126, 127 applied (with modifications) (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 12 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

C4 Ss. 23-27 applied (with modifications) (25.1.2010) by Health and Social Care Act 2008 (c. 14), ss. 98(3), 170(3), Sch. 6 para. 23; S.I. 2010/23, art. 2(b)(g)(iii)

25 Facilities for newspaper representatives. N.I.

At all times during which a meeting of a council is required by this Act to be open to the public, the council shall, so far as practicable, cause to be made available to duly accredited representatives of newspapers attending for the purpose of reporting proceedings at the meeting reasonable facilities for taking reports of those proceedings and, on payment by those representatives or their newspapers of any expenses which may be incurred, for transmitting such reports to their newspapers.

Modifications etc. (not altering text)

C5 Ss. 23-27, 31, 48, 123, 126, 127 applied (with modifications) (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 12 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

C6 Ss. 23-27 applied (with modifications) (25.1.2010) by Health and Social Care Act 2008 (c. 14), ss. 98(3), 170(3), Sch. 6 para. 23; S.I. 2010/23, art. 2(b)(g)(iii)

26 Certain publications to be privileged. N.I.

Where a council supplies to any member of the public attending a meeting of the council or, pursuant to section 24, supplies for the benefit of a newspaper copies of the agenda, statements, particulars, and copies of other documents mentioned in that section, the publication of any defamatory matter contained in the agenda, statements, particulars or documents so supplied shall be privileged unless the publication is proved to be made with malice.

Modifications etc. (not altering text)

C7 Ss. 23-27, 31, 48, 123, 126, 127 applied (with modifications) (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 12 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

C8 Ss. 23-27 applied (with modifications) (25.1.2010) by Health and Social Care Act 2008 (c. 14), ss. 98(3), 170(3), Sch. 6 para. 23; S.I. 2010/23, art. 2(b)(g)(iii)

27 Savings. N.I.

Nothing in section 23 or 25 shall—

(a) affect or derogate from any power of excluding persons from a meeting for the purpose of suppressing or preventing disorderly or other misbehaviour at, or disturbance of, the meeting;

(b) require a council to permit the taking of photographs of any proceedings or the use of any means to enable persons not present at a meeting to see or hear any of the proceedings (whether at the time or later) or the making of any oral report on any proceedings as they take place.

Modifications etc. (not altering text)

C9 Ss. 23-27, 31, 48, 123, 126, 127 applied (with modifications) (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 12 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

C10 Ss. 23-27 applied (with modifications) (25.1.2010) by Health and Social Care Act 2008 (c. 14), ss. 98(3), 170(3), Sch. 6 para. 23; S.I. 2010/23, art. 2(b)(g)(iii)