C20C3C19C4C5C6C7C8C9C10C11C12C13C14C15C16C18C17C21C22C23F39Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C20

Pt. 5A power to apply (with modifications) conferred by 2000 c. 22, s. 9GA(7) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e))

C3

Pt. 5A applied in part (with modifications) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8

C19

Pt. 5A modified by 2000 c. 22, s. 9FA(6)(a) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e))

C6

Pt. 5A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9

C7

Pt. 5A (ss. 100A-100K) modified by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 7

Pt. 5A (ss. 100A-100K) modified (11.9.1998) by 1998 c. 18, ss. 10(6), 55(2)

Pt. 5A (ss. 100A-100K) modified (E.) (2.4.2001) by S.I. 2001/1299, reg. 6(10)(a)

Pt. 5A (ss. 100A-100K) modified (W.) (28.7.2001) by S.I. 2001/2284, reg. 5(1)(a)

Pt. 5A (ss. 100A-100K) modified (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 24(7), 73; S.I. 2005/558, art. 2(1), Sch. 1

C8

Pt. 5A (ss. 100A-100K) extended (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 67(4)

Pt. 5A (ss. 100A-100K) extended (with modifications) (8.5.2000 and 3.7.2000) by 1999 c. 29, ss. 58, 61, 65 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3

Pt. 5A (ss. 100A-100K) extended (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 21(11)(a), 108(4)-(6); S.I. 2000/2849, art. 2(a)

C9

Pt. 5A (ss. 100A-100K) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5A (ss. 100A-100K) applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Pt. 5A (ss. 100A-100K) applied (with modifications) (8.5.2000 for specified purposes otherwise 3.7.2000) by 1988 c. 41, s. 115(3A) (as inserted (8.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 131(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4)

Pt. 5A applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(a)

Pt. 5A applied (with modifications) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(2)(a)

Pt. 5A (ss. 100A-100K) applied (W.) (28.7.2001) by S.I. 2001/2284, reg. 19(8)

Pt. 5A (ss. 100A-100K) applied (W.) (1.4.2002) by The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002 (S.I. 2002/802), reg. 11(8)(9)

C10

Pt. 5A (ss. 100A-100K): power to make provisions about matters of the kind dealt with in this part conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (a)(iii); S.I. 1997/1930, art. 2(1)(2)(m)

Pt. 5A (ss. 100A-100K): power to apply or reproduce (with or without modifications) conferred (E.) (7.8.2000 for specified purposes otherwise 26.10.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 22(12); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b); S.I. 2000/2948, art. 2

Pt. 5A (ss. 100A-100K): power to apply or reproduce conferred (W.) (1.11.2000 and 19.12.2000 with application in relation to police authorities in Wales) and (E.) (19.12.2000) by 2000 c. 22, s. 53(12); S.I. 2000/2948, art. 2; S.I. 2000/3335, art. 2

Pt. 5A (ss. 100A-100K): power to apply (with or without modifications) conferred (1.1.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 20(11), Sch. 6 para. 5; S.I. 2002/3190, art. 2

Pt. 5A (ss. 100A-100K): power to apply (with or without modifications) conferred (1.9.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 19(5), 42(3); S.I. 2003/2246, art. 2

C12

Pt. 5A: power to apply (with modifications) conferred (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 241(5), 277(1) (subject to s. 277(2)-(5))

C13

Pt. 5A (ss. 100A-100K) (except ss. 100E, 100G, 100J, 100K) applied (28.8.2001) by S.I. 2001/2812, reg. 7(1)(2) (as amended by S.I. 2003/1483, reg. 3(2))

C21

Pt. 5A applied (with modifications) (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(8), 240(2); S.I. 2012/1463, art. 2(f)

F1100J Application to new authorities, Common Council, etc.

1

Except in this section, F54and subject as follows, any reference in this Part to a principal council includes a reference to—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1C2b

a joint authority;

F58ba

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3bb

the London Fire and Emergency Planning Authority;

F4bc

an economic prosperity board;

bd

a combined authority;

F51be

Transport for London;

F60bf

a sub-national transport body;

c

the Common Council;

F5cc

The Broads Authority;

F6cd

a National Park authority;

d

a joint board or joint committee falling within subsection (2) below;

F47e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48eza

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7ea

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8f

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

F9g

the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order.

F41h

a Mayoral development corporation.

2

A joint board or joint committee falls within this subsection if—

a

it is constituted under any enactment as a body corporate; and

b

it discharges functions of two or more principal councils;

and for the purposes of this subsection any body falling within paragraph (a), (b)F10, F55... (bb)F11, (bc), (bd) or (c) of subsection (1) above shall be treated as a principal council.

F122A

In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)—

a

is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and

b

in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises.

F532B

In section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to—

F59a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the Common Council other than in its capacity as a local authority or police authority;

c

a joint board or a joint committee falling within subsection (2) above;

d

the Homes and Communities Agency; or

e

a Mayoral development corporation.

3

In its application by virtue of subsection (1) above in relation to a body falling within paragraph F13. . . , (b), F56... F14(bb),F15(bc), (bd),F52(be),F61(bf),F16(cc), F17(cd) , (d)F44... . . . F42, (f) or (h) of that subsection, section 100A (6)(a) above shall have effect with the insertion after the word “council” of the words “ and, if the meeting is to be held at premises other than those offices, at those premises ”.

F493YA

In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100E(3) has effect as if for paragraph (bb) there were substituted—

bb

a committee of Transport for London (with “committee”, in relation to Transport for London, here having the same meaning as in Schedule 10 to the Greater London Authority Act 1999); or

F183ZA

In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100E above shall have effect as if—

a

in subsection (2), paragraph (c) was omitted, and

b

in subsection (3), for paragraphs (a) to (c) there were substituted—

a

a committee established under paragraph 6(1) of Schedule 1 to the Housing and Regeneration Act 2008 for the purpose of exercising functions conferred on the Homes and Communities Agency in relation to a designated area by virtue of a designation order; or

b

a sub-committee of such a committee established under paragraph 6(2) of that Schedule to that Act for that purpose.

F403ZAA

In its application by virtue of subsection (1)(h) above in relation to a Mayoral development corporation, section 100E(3) has effect as if for paragraphs (a) to (c) there were substituted—

a

a committee which is established under Schedule 21 to the Localism Act 2011 by a principal council, or

b

a sub-committee established under that Schedule by a committee within paragraph (a).

3ZB

In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, section 100G(1) above shall have effect as if paragraph (a) was omitted.

F193A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In its application by virtue of subsection (1) above, section 100G(1)(a) above shall have effect—

a

in relation to a joint authority F57... F20, F62a sub-national transport body, an economic prosperity board, F45or a combined authorityF46... F21. . . , with the substitution for the words F22after “together with” of the words “F23the name or description of the body F24or other person that appointed him ”; and

F25aa

in relation to the Broads Authority or its Navigation Committee F26or any National Park authority, with the substitution for the words F27 after “together with” of the words “F28the name of the F29person who appointed him ”; and

b

in relation to F43a Mayoral development corporation, or joint board or joint committee falling within subsection (2) above, with the omission of the words F30 after “for the time being”; and

c

in relation to a F31fire and rescue authority falling within subsection (1)(f) above, with the substitution for the words F32, in the case of a councillor, the“ward or division” of the words “ F33theconstituent area ”.

F344A

In its application by virtue of subsection (1)(bb) above in relation to the London Fire and Emergency Planning Authority, section 100G(1)(a) shall have effect with the substitution for the words F35together with, in the case of a councillor,“the ward or division which he represents” of the words

F36andwhether he is an Assembly representative or a borough representative, and—

i

if he is an Assembly representative, whether he is a London member or a constituency member and, if a constituency member, the Assembly constituency for which he is a member; or

ii

if he is a borough representative, the council of which he is a member (whether a London borough council or the Common Council).

F504AA

In its application by virtue of subsection (1)(be) above in relation to Transport for London, section 100G shall have effect—

a

with the substitution for subsection (1)(a) and (b) of—

a

the name of every member of the council for the time being; and

b

the name of every member of each committee or sub-committee of the council for the time being.

b

with the insertion in subsection (2)(b) after “exercisable” of “, but not an officer by whom such a power is exercisable at least partly as a result of sub-delegation by any officer”.

F374B

In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.

F385

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .