PART 1A

Arrangements with respect to local authority governance in England
CHAPTER 2

Executive arrangements

Further provision in relation to executives

Meetings and access to information etc: further provision and regulations
9GA
1
Written records under section 9G(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 Secretary of State.
2
Regulations under subsection (1) 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.
3
The Secretary of State 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.
4
The Secretary of State may by regulations make provision—
a
as to the circumstances in which meetings mentioned in section 9G(2), or particular proceedings at such meetings, must be open to the public,
b
as to the circumstances in which meetings mentioned in section 9G(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 or section 9G,
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 or members of local authorities, 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 or section 9G.
5
The Secretary of State 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 or members of the authority.
6
The provision which may be made under subsection (5) 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.
7
The Secretary of State 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 (3)(a),
applies or reproduces (with or without modifications) any provisions of Part 5A of the Local Government Act 1972.
8
The Secretary of State may by regulations make provision, in relation to—
a
the publication by executives of local authorities under section 9FE 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 9FG (confidential and exempt information).
9
In this section—
- “
joint committee
” means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,
- “
prescribed
” means prescribed by regulations made by the Secretary of State.
Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2
Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(5)-(8)
Pt. 1A modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 15 (with reg. 1(2)(3))
Pt. 1A modified in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(17)
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(8)
Pt. 1A modified in part (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(7)
Pt. 1A modified in part (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(7)
Pt. 1A modified in part (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(7)
Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)
Pt. 1A modified in part (14.2.2020) by S.I. 2020/156, art. 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)
Pt. 1A modified in part (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 7(2)