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Access to meetings and documents of certain
authorities, committees and sub committees
100A Admission
to meetings of principal councils
100B Access to agenda and
connected reports
100C Inspection
of minutes and other documents after meetings
100D Inspection
of background papers
100E Application
to committees and sub-committees
100F Additional
rights of access to documents for members of principal councils
100G Principal councils
to publish additional information
100H Supplemental
provisions and offences
100I Exempt
information and power to vary Schedule 12A
100I Application
to new authorities, Common Council, etc
100K Interpretation
and application of Part VA
1.(1) After section 100 of the Local Government Act 1972
there shall be inserted the following–
Part VA: Access to meetings and documents of certain authorities,
committees and sub-committes
Admission to meetings of principal councils
100A. –
(1) A meeting of a principal council shall be open to the public except
to the extent that they are excluded (whether during the whole or
part of the proceedings) under subsection (2) below or by resolution
under subsection (4) below.
(2) The public shall be excluded from a meeting of a principal council
duringan item of business whenever it is likely, in view of the nature
of the business to be transacted or the nature of the proceedings,
that, if members of the public were present during that item, confidential
information would be disclosed to them in breach of the obligation
of confidence; and nothing in this Part shall be taken to authorise
or require the disclosure of confidential information in breach of
the obligation of confidence.
(3) For the purposes of subsection (2) above, "confidential
information" means–
(a) information furnished to the council by a Government department
upon terms (however expressed) which forbid the disclosure of
the information to the public; and
(b) information the disclosure of which to the public is prohibited
by or under any enactment or by the order of a court;
and, in either case, the reference to the obligation of confidence
is to be construed accordingly.
(4) A principal council may by resolution exclude the public
from a meeting during an item of business whenever it is likely,
in view of the nature of the business to be transacted or the
nature of the proceedings, that if members of the public were
present during that item there would be disclosure to them of
exempt information, as defined in section 100I below.
(5) A resolution under subsection (4) above shall–
(a) identify the proceedings, or the part of the proceedings,
to which it applies, and
(b) state the description, in terms of Schedule 12A to this
Act, of the exempt information giving rise to the exclusion
of the public,
and where such a resolution is passed this section does not require
the meeting to be open to the public during proceedings to which
the resolution applies.
(6) The following provisions shall apply in relation to a meeting
of a principal council, that is to say–
(a) public notice of the time and place of the meeting shall
be given by posting it at the offices of the council three clear
days at least before the meeting or, if the meeting is convened
at shorter notice, then at the time it is convened;
(b) while the meeting is open to the public, the council shall
not have power to exclude members of the public from the meeting;
and
(c) while the meeting is open to the public, duly accredited
representatives of newspapers attending the meeting for the
purpose of reporting the proceedings for those newspapers shall,
so far as practicable, be afforded reasonable facilities for
taking their report and, unless the meeting is held in premises
not belonging to the council or not on the telephone, for telephoning
the report at their own expense.
(7) Nothing in this section shall require a principal council
to permit the taking of photographs of any proceedings, or the
use of any means to enable persons not present to see or hear
any proceedings (whether at the time or later), or the making
of any oral report on any proceedings as they take place.
(8) This section is without prejudice to any power of exclusion
to suppress or prevent disorderly conduct or other misbehaviour
at a meeting.
Access to agenda and connected reports
100B. –
(1) Copies of the agenda for a meeting of a principal council and,
subject to subsection (2) below, copies of any report for the meeting
shall be open to inspection by members of the public at the offices
of the council in accordance with subsection (3) below.
(2) If the proper officer thinks fit, there may be excluded from
the copies of reports provided in pursuance of subsection (1)
above the whole of any report which, or any part which, relates
only to items during which, in his opinion, the meeting is likely
not to be open to the public.
(3) Any document which is required by subsection (1) above to
be open to inspection shall be so open at least three clear days
before the meeting, except that–
(a) where the meeting is convened at shorter notice, the copies
of the agenda and reports shall be open to inspection from the
time the meeting is convened, and
(b) where an item is added to an agenda copies of which are
open to inspection by the public, copies of the item (or of
the revised agenda), and the copies of any report for the meeting
relating to the item, shall be open to inspection from the time
the item is added to the agenda;
but nothing in this subsection requires copies of any agenda,
item or report to be open to inspection by the public until copies
are available to members of the council.
(4) An item of business may not be considered at a meeting of
a principal council unless either–
(a) a copy of the agenda including the item (or a copy of the
item) is open to inspection by members of the public in pursuance
of subsection (1) above for at least three clear days before
the meeting or, where the meeting is convened at shorter notice,
from the time the meeting is convened; or
(b) by reason of special circumstances, which shall be specified
in the minutes, the chairman of the meeting is of the opinion
that the item should be considered at the meeting as a matter
of urgency.
(5) Where by virtue of subsection (2) above the whole or any part
of a report for a meeting is not open to inspection by the public
under subsection (1) above–
(a) every copy of the report or of the part shall be marked
"Not for publication"; and
(b) there shall be stated on every copy of the whole or any
part of the report the description, in terms of Schedule 12A
to this Act, of the exempt information by virtue of which the
council are likely to exclude the public during the item to
which the report relates.
(6) Where a meeting of a principal council is required by section
100A above to be open to the public during the proceedings or
any part of them, there shall be made available for the use of
members of the public present at the meeting a reasonable number
of copies of the agenda and, subject to subsection (8) below,
of the reports for the meeting.
(7) There shall, 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
and, subject to subsection (8) below, 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.
(8) Subsection (2) above applies in relation to copies of reports
provided in pursuance of subsection (6) or (7) above as it applies
in relation to copies of reports provided in pursuance of subsection
(1) above.
Inspection of minutes and other
documents after meetings
100C. –
(1) After a meeting of a principal council the following documents
shall be open to inspection by members of the public at the offices
of the council until the expiration of the period of six years beginning
with the date of the meeting, namely–
(a) the minutes, or a copy of the minutes, of the meeting, excluding
so much of the minutes of proceedings during which the meeting
was not open to the public as discloses exempt information;
(b) where applicable, a summary under subsection (2) below;
(c) a copy of the agenda for the meeting; and
(d) a copy of so much of any report for the meeting as relates
to any item during which the meeting was open to the public.
(2) Where, in consequence of the exclusion of parts of the minutes
which disclose exempt information, the document open to inspection
under subsection (1)(a) above does not provide members of the
public with a reasonably fair and coherent record of the whole
or part of the proceedings, the proper officer shall make a written
summary of the proceedings or the part, as the case may be, which
provides such a record without disclosing the exempt information.
Inspection of background papers
100D. –
(1) Subject, in the case of section 100C(1), to subsection (2) below,
if and so long as copies of the whole or part of a report for a meeting
of a principal council are required by section 100B(1) or 100C(1)
above to be open to inspection by members of the public–
(a) copies of a list, compiled by the proper officer, of the background
papers for the report or the part of the report, and
(b) at least one copy of each of the documents included in that
list,
shall also be open to their inspection at the offices of the council.
(2) Subsection (1) above does not require a copy of the list,
or of any document included in the list, to be open to inspection
after the expiration of the period of four years beginning with
the date of the meeting.
(3) Where a copy of any of the background papers for a report
is required by subsection (1) above to be open to inspection by
members of the public, the copy shall be taken for the purposes
of this Part to be so open if arrangements exist for its production
to members of the public as soon as is reasonably practicable
after the making of a request to inspect the copy.
(4) Nothing in this section–
(a) requires any document which discloses exempt information
to be included in the list referred to in subsection (1) above;
or
(b) without prejudice to the generality of subsection (2) of
section 100A above, requires or authorises the inclusion in
the list of any document which, if open to inspection by the
public, would disclose confidential information in breach of
the obligation of confidence, within the meaning of that subsection.
(5) For the purposes of this section the background papers for
a report are those documents relating to the subject matter of
the report which–
(a) disclose any facts or matters on which, in the opinion
of the proper officer, the report or an important part of the
report is based, and
(b) have, in his opinion, been relied on to a material extent
in preparing the report,
but do not include any published works.
Application to committees and sub-committees
100E. –
(1) Sections 100A to 100D above shall apply in relation to a committee
or sub-committee of a principal council as they apply in relation
to a principal council.
(2) In the application by virtue of this section of sections
100A to 100D above in relation to a committee or sub-committee–
(a) section 100A(6)(a) shall be taken to have been complied
with if the notice is given by posting it at the time there
mentioned at the offices of every constituent principal council
and, if the meeting of the committee or sub-committee to which
that section so applies is to be held at premises other than
the offices of such a council, at those premises;
(b) for the purposes of section 100A(6)(c), premises belonging
to a constituent principal council shall be treated as belonging
to the committee or sub-committee; and
(c) for the purposes of sections 100B(a), 100C(1) and 100D(1),
offices of any constituent principal council shall be treated
as offices of the committee or sub-committee.
(3) Any reference in this Part to a committee or sub-committee
of a principal council is a reference to–
(a) a committee which is constituted under an enactment specified
in section 101(9) below or which is appointed by one or more
principal councils under section 102 below; or
(b) a joint committee not falling within paragraph (a) above
which is appointed or established under any enactment by two
or more principal councils and is not a body corporate; or
(c) a sub-committee appointed or established under any enactment
by one or more committees falling within paragraph (a) or (b)
above.
(4) Any reference in this Part to a constituent principal council,
in relation to a committee or sub-committee, is a reference–
(a) in the case of a committee, to the principal council, or
any of the principal councils, of which it is a committee; and
(b) in the case of a sub-committee, to any principal council
which, by virtue of paragraph (a) above, is a constituent principal
council in relation to the committee, or any of the committees,
which established or appointed the sub-committee.
Additional rights of access to
documents for members of principal councils
100F. –
(1) Any document which is in the possession or under the control of
a principal council and contains material relating to any business
to be transacted at a meeting of the council or a committee or sub-committee
of the council shall, subject to subsection (2) below, be open to
inspection by any member of the council.
(2) Where it appears to the proper officer that a document discloses
exempt information of a description for the time being falling
within any of paragraphs 1 to 6, 9, 11, 12 and 14 of Part I of
Schedule 12A to this Act, subsection (1) above does not require
the document to be open to inspection.
(3) The Secretary of State may by order amend subsection (2)
above–
(a) by adding to the descriptions of exempt information to
which that subsection refers for the time being; or
(b) by removing any description of exempt information to which
it refers for the time being.
(4) Any statutory instrument containing an order under subsection
(3) above shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
(5) The rights conferred by this section on a member of a principal
council are in addition to any other rights he may have apart
from this section.
Principal councils to publish additional
information
100G. –
(1) A principal council shall maintain a register stating–
(a) the name and address of every member of the council for
the time being and the ward or division which he represents;
and
(b) the name and address of every member of each committee
or sub-committee of the council for the time being.
(2) A principal council shall maintain a list–
(a) specifying those powers of the council which, for the time
being, are exercisable from time to time by officers of the
council in pursuance of arrangements made under this Act or
any other enactment for their discharge by those officers; and
(b) stating the title of the officer by whom each of the powers
so specified is for the time being so exercisable;
but this subsection does not require a power to be specified
in the list if the arrangements for its discharge by the officer
are made for a specified period not exceeding six months.
(3) There shall be kept at the offices of every principal council
a written summary of the rights–
(a) to attend meetings of a principal council and of committees
and sub-committees of a principal council, and
(b) to inspect and copy documents and to be furnished with
documents,
which are for the time being conferred by this Part, Part XI
below and such other enactments as the Secretary of State by order
specifies.
(4) The register maintained under subsection (1) above, the list
maintained under subsection (2) above and the summary kept under
subsection (3) above shall be open to inspection by the public
at the offices of the council.
Supplemental provisions and offences
100H. –
(1) A document directed by any provision of this Part to be open to
inspection shall be so open at all reasonable hours and–
(a) in the case of a document open to inspection by virtue
of section 100D(1) above, upon payment of such reasonable fee
as may be required for the facility; and
(b) in any other case, without payment.
(2) Where a document is open to inspection by a person under
any provision of this Part, the person may, subject to subsection
(3) below–
(a) make copies of or extracts from the document, or
(b) require the person having custody of the document to supply
to him a photographic copy of or of extracts from the document,
upon payment of such reasonable fee as may be required for the
facility.
(3) Subsection (2) above does not require or authorise the doing
of any act which infringes the copyright in any work except that,
where the owner of the copyright is a principal council, nothing
done in pursuance of that subsection shall constitute an infringement
of the copyright.
(4) If, without reasonable excuse, a person having the custody
of a document which is required by section 100B(1) or 100C(1)
above to be open to inspection by the public–
(a) intentionally obstructs any person exercising a right conferred
by this Part to inspect, or to make a copy of or extracts from,
the document, or
(b) refuses to furnish copies to any person entitled to obtain
them under any provision of this Part,
he shall be liable on summary conviction to a fine not exceeding
level 1 on the standard scale.
(5) Where any accessible document for a meeting to which this
subsection applies–
(a) is supplied to, or open to inspection by, a member of the
public, or
(b) is supplied for the benefit of any newspaper, in pursuance
of section 100B(7) above,
the publication thereby of any defamatory matter contained in
the document shall be privileged unless the publication is proved
to be made with malice.
(6) Subsection (5) above applies to any meeting of a principal
council and any meeting of a committee or sub-committee of a principal
council; and, for the purposes of that subsection, the "accessible
documents" for a meeting are the following–
(a) any copy of the agenda or of any item included in the agenda
for the meeting;
(b) any such further statements or particulars for the purpose
of indicating the nature of any item included in the agenda
as are mentioned in section 100B(7)(b) above;
(c) any copy of a document relating to such an item which is
supplied for the benefit of a newspaper in pursuance of section
100B(7)(c) above;
(d) any copy of the whole or part of a report for the meeting;
(e) any copy of the whole or part of any background papers
for a report for the meeting, within the meaning of section
100D above.
(7) The rights conferred by this Part to inspect, copy and be furnished
with documents are in addition, and without prejudice, to any such
rights conferred by or under any other enactment.
Exempt information and power to vary Schedule
12A.
100I. –
(1) The descriptions of information which are, for the purposes of
this Part, exempt information are those for the time being specified
in Part I of Schedule 12A to this Act, but subject to any qualifications
contained in Part II of that Schedule; and Part III has effect for
the interpretation of that Schedule.
(2) The Secretary of State may by order vary Schedule 12A to
this Act by adding to it any description or other provision or
by deleting from it or varying any description or other provision
for the time being specified or contained in it.
(3) The Secretary of State may exercise the power conferred by
subsection (2) above by amending any Part of Schedule 12A to this
Act, with or without amendment of any other Part.
(4) Any statutory instrument containing an order under this section
shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
Application to new authorities, Common
Council, etc.
100J. –
(1) Except in this section, any reference in this Part to a principal
council includes a reference to–
(a) the Inner London Education Authority;
(b) a joint authority;
(c) the Common Council;
(d) a joint board or joint committee falling within subsection
(2) below;
(e) a combined police authority which is a body corporate;
(f) a combined fire authority.
(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) or (c) of subsection (1) above shall be treated
as a principal council.
(3) In its application by virtue of subsection (1) above in relation
to a body falling within paragraph (a), (b), (d), (e) or (f) 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)".
(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 or a combined police authority,
with the substitution for the words from "ward" onwards
of the words "name or description of the body which appointed
him"; and
(b) in relation to a joint board or joint committee falling
within subsection (2) above, with the omission of the words
from "and the ward" onwards; and
(c) in relation to a combined fire authority, with the substitution
for the words "ward or division" of the words "constituent
area".
(5) In this section "combined fire authority" means
a fire authority constituted by a combination scheme under the
Fire Services Act 1947.
Interpretation and application of
Part VA
100K. –
(1) In this Part–
"committee or sub-committee of a principal council"
shall be construed in accordance with section 100E(3) above;
"constituent principal council" shall be construed
in accordance with section 100E(4) above;
"copy", in relation to any document, includes a copy
made from a copy;
"exempt information" has the meaning given by section
100I above;
"information" includes an expression of opinion, any
recommendations and any decision taken;
"newspaper" includes–
(a) a news agency which systematically carries on the business
of selling and supplying reports or information to newspapers;
and
(b) any organisation which is systematically engaged in collecting
news–
(i) for sound or television broadcasts; or
(ii) for programmes to be included in a cable programme service
which is or does not require to be licensed;
"principal council" shall be construed in accordance
with section 100J above.
(2) Any reference in this Part to a meeting is a reference
to a meeting held after 1st April 1986 ”
1. (2) After Schedule 12 to the Local Government Act 1972 there
shall be inserted, as Schedule 12A, the Schedule set out in Part
I of Schedule 1 to this Act.
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Act 1985
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