Local Government Act 1972

Changes over time for: Section 100F

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01/05/2021- Amendment
01/05/2021
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Local Government Act 1972, Section 100F is up to date with all changes known to be in force on or before 03 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F2[F3100F Additional rights of access to documents for members of principal councils.E

(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 [F4subsections (2) to (2C)] below, be open to inspection by any member of the council.

[F5(2)In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.]

[F6(2A)But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

(a)paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

(b)paragraph 6 of Schedule 12A to this Act.

(2B)In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

(2C)In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.]

(3)[F7The appropriate person] may by order amend [F8subsections (2) to (2C)] above—

(a)by adding to the descriptions of exempt information to which [F9those subsections refer] for the time being; or

(b)by removing any description of exempt information to which [F10those subsections refer] for the time being.

[F11(3A)In subsection (3) above “the appropriate person” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.]

(4)Any statutory instrument containing an order under subsection (3) [F12made by the Secretary of State] 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.]]

Extent Information

E1This version of this provision extends to England only; a separate version has been created for Wales only

Textual Amendments

F2Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)

F3Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)

F4Words in s. 100F(1) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(2)

F5S. 100F(2) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(3)

F6S. 100F(2A)(2B)(2C) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(4)

F7Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(a)

F8Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(b)

F9Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(c)

F10Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(d)

F11S. 100F(3A) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(6)

F12Words in s. 100F(4) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(7)

Modifications etc. (not altering text)

C31S. 100F applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

[F2[F13[F14[F3100F Additional rights of access to documents for members of principal councils.W

(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 [F15subsections (2) to (2E)]) below, [F16be open to inspection by] [F16so far as reasonably practicable be supplied on request to] any member of the council.

[F5(2)In relation to a principal council in England, subsection (1) above does not require the document to be [F17open to inspection] [F17supplied] if it appears to the proper officer that it discloses exempt information.]

[F6(2A)But subsection (1) above does require (despite subsection (2) above) the document to be [F17open to inspection] [F17supplied] if the information is information of a description for the time being falling within—

(b)paragraph 6 of Schedule 12A to this Act.

(2B)In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

[F18(2C)In relation to a principal council in Wales, subsection (1) above does not require the document to be [F17open to inspection] [F17supplied] if it appears to the proper officer that it discloses exempt information.]

[F19(2D)But subsection (1) above does require (despite subsection (2C) above) the document to be [F17open to inspection] [F17supplied] if the information is information of a description for the time being falling within —

(a)paragraph 14 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

(b)paragraph 17 of Schedule 12A to this Act.

(2E)In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.]

(3)[F7The appropriate person] may by order amend [F20subsections (2) to (2E)] above—