C19C14C25C13C12C11C2C3C1C6C7C8C9C10C15C16C30C33C31C34C29C23C26C21C18C17C27C28C24C32C22C20F1Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C19

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))

C14

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

C25

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))

C11

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

C2

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

C3

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)

C1

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)

C6

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

C8

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))

C9

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))

C31

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)

C29

Pt. 5A modified (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 7 para. 9(6)(7); S.I. 2015/841, art. 3(p) (with Sch. para. 1) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F3100JF2 Application to new authorities, Common Council, etc.

1

Except in this section, F63and subject as follows, any reference in this Part to a principal council includes a reference to—

F4a

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

C4C5b

a joint authority;

F53ba

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

F46bb

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

F31bc

an economic prosperity board;

bd

a combined authority;

F38bda

a combined county authority;

F51be

Transport for London;

F40bf

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;

F50e

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

F47eza

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

F15ea

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

F17f

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.

F27g

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.

F52h

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)F54...F32, (bc), (bd) or (c) of subsection (1) above shall be treated as a principal council.

F282A

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.

F422B

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 F7. . . , (b), F62... F48...F33(bc), (bd),F36(be),F61(bf),F8(cc)F60, F9(cd), (d)F44... . . . F49, (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 ”.

F413YA

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

F303ZA

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.

F393ZAA

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.

F163A

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

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 F43... F34, F58a sub-national transport body, an economic prosperity board, F57, a combined authority or a combined county authorityF56... F10... , with the substitution for the words F20after “together with” of the words F21the name or description of the body F11or other person that appointed him ”; and

F12aa

in relation to the Broads Authority or its Navigation Committee F13or any National Park authority, with the substitution for the words F22 after “together with” of the words F23the name of the F14person who appointed him ”; and

b

in relation to F45a Mayoral development corporation, or joint board or joint committee falling within subsection (2) above, with the omission of the words F24 after “for the time being”; and

c

in relation to a F18fire and rescue authority falling within subsection (1)(f) above, with the substitution for the words F25, in the case of a councillor, the“ward or division” of the words F26theconstituent area ”.

F554A

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

F374AA

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”.

F354AB

References to a principal council in Wales in this Part include—

a

a National Park authority for a National Park in Wales;

b

a fire and rescue authority for an area in Wales;

c

a joint board or joint committee which falls within subsection (2) and which discharges functions of two or more principal councils in Wales.

F294B

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

F195

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