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Local Government Act 1972, Section 100J is up to date with all changes known to be in force on or before 16 August 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Except in this section, [F3and subject as follows,] any reference in this Part to a principal council includes a reference to—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a joint authority;
F5(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(bc)an economic prosperity board;
(bd)a combined authority;]
[F8(bda)a combined county authority;]
[F9(be)Transport for London;]
[F10(bf)a sub-national transport body;]
(c)the Common Council;
[F11(cc)The Broads Authority;]
[F12(cd)a National Park authority;]
(d)a joint board or joint committee falling within subsection (2) below;
F13(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(eza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16(f)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.]
[F17(g)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.]
[F18(h)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)F19...[F20, (bc), (bd) or (c) of subsection (1) above shall be treated as a principal council.
[F21(2A)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.]
[F22(2B)In section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to—
F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F24. . . , (b), F25... F26...[F27(bc), (bd),] [F28(be),] [F29(bf),] [F30(cc)][F31, [F32(cd)], (d)F33... . . . [F34, (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 ”.]
[F35(3YA)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”]
[F36(3ZA)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.”
[F37(3ZAA)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.]
F38(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F39... [F40, [F41a sub-national transport body,] an economic prosperity board, [F42, a combined authority or a combined county authority]] F43... [F44... , with the substitution for the words [F45after “together with”] of the words “[F46the] name or description of the body [F47or other person that] appointed him ”; and
[F48(aa)in relation to the Broads Authority or its Navigation Committee [F49or any National Park authority], with the substitution for the words [F50 after “together with”] of the words “[F51the] name of the [F52person who] appointed him ”; and]
(b)in relation to [F53a Mayoral development corporation, or] joint board or joint committee falling within subsection (2) above, with the omission of the words [F54 after “for the time being”]; and
(c)in relation to a [F55fire and rescue authority falling within subsection (1)(f) above], with the substitution for the words [F56, in the case of a councillor, the]“ward or division” of the words “ [F57the]constituent area ”.
F58(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F59(4AA)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.”, and
(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”.]
[F60(4AB)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.]
[F61(4B)In this section “designated area” and “designation order” have the same meanings as in Part 1 of the Housing and Regeneration Act 2008.]
F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]]
Textual Amendments
F1Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
F2Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
F3Words in s. 100J(1) inserted (6.8.2014) by The Openness of Local Government Bodies Regulations 2014 (S.I. 2014/2095), regs. 1, 4(8)(a)
F4Words repealed by Education Reform Act 1988 (c. 40 SIF 41:1),ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F5S. 100J(1)(ba) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(i); S.I. 2015/994, art. 6(g)
F6S. 100J(1)(bb) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(2); S.I. 2018/227, reg. 4(c)
F7S. 100J(1)(bc)(bd) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 18(a); S.I. 2009/3318, art. 2(c)
F8S. 100J(1)(bda) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 30(2) (with s. 247)
F9S. 100J(1)(be) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(3), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)
F10S. 100J(1)(bf) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 3(a)
F11S. 100J(1)(cc) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 10(5)
F12S. 100J(1)(cd) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(a) (with ss. 7(6), 115, 117, Sch, 8 para. 7)
F13S. 100J(1)(e) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 104(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 27)
F14S. 100J(1)(eza) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 104(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 27)
F15S. 100J(1)(ea) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 26(a), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)
F16S. 100J(1)(f) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 39(2); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
F17S. 100J(1)(g) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(2); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)
F18S. 100J(1)(h) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(2)
F19Word in s. 100J(2) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(3); S.I. 2018/227, reg. 4(c)
F20Words in s. 100J(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 18(b); S.I. 2009/3318, art. 2(c)
F21S. 100J(2A) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(3); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)
F22S. 100J(2B) inserted (6.8.2014) by The Openness of Local Government Bodies Regulations 2014 (S.I. 2014/2095), regs. 1, 4(8)(b)
F23S. 100J(2B)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(iii); S.I. 2015/994, art. 6(g)
F24Reference to paragraph (a) repealed by Education Reform Act 1988 (c. 40, SIF 41:1) ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
F25Word in s. 100J(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(iv); S.I. 2015/994, art. 6(g)
F26Word in s. 100J(3) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(4); S.I. 2018/227, reg. 4(c)
F27Words in s. 100J(3) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 18(c); S.I. 2009/3318, art. 2(c)
F28Word in s. 100J(3) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(4), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)
F29Word in s. 100J(3) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 3(b)
F30(cc) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 10(5)
F31Words in s. 100J(3) omitted (temp.) (W.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 21(9) (with reg. 19)
F32Words in s. 100J(3) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
F33Words in s. 100J(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 104(3); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 27)
F34Words in s. 100J(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(3)
F35S. 100J(3YA) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(5), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)
F36S. 100J(3ZA)(3ZB) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(4); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)
F37S. 100J(3ZAA) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(4)
F38S. 100J(3A) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, 138(2), Sch 6 para. 26(c), Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)
F39Words in s. 100J(4)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(7)(f)(v); S.I. 2015/994, art. 6(g)
F40Words in s. 100J(4)(a) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 18(d); S.I. 2009/3318, art. 2(c)
F41Words in s. 100J(4)(a) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 3(c)
F42Words in s. 100J(4)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 30(3) (with s. 247)
F43Words in s. 100J(4)(a) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 104(4)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 27)
F44Words in s. 100J(4)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(3)(a); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4, Sch.
F45Words in s. 100J(4)(a) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(2)(a)
F46Word in s. 100J(4)(a) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(2)(b)
F47Words in s. 100J(4)(a) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 9(3)(b); S.I. 1994/2025, art. 6; S.I. 1994/3236, art. 4, Sch.
F48S. 100J(4)(aa) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 10(5)
F49Words in s. 100J(4)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(c)(i) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
F50Words in s. 100J(4)(aa) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(3)(a)
F51Words in s. 100J(4)(aa) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(3)(b)
F52Words in s. 100J(4)(aa) substituted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 12(2)(c)(ii) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
F53Words in s. 100J(4)(b) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 3(5)
F54Words in s. 100J(4)(b) substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(4)
F55Words in s. 100J(4)(c) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 39(3); S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
F56Words in s. 100J(4)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(5)(a)
F57Word in s. 100J(4)(c) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74, 245, Sch. 3 para. 8(5)(b)
F58S. 100J(4A) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 37(5); S.I. 2018/227, reg. 4(c)
F59S. 100J(4AA) inserted (3.5.2012) by Localism Act 2011 (c. 20), ss. 231(6), 240(2); S.I. 2012/1008, art. 3(d) (with arts. 7, 9-11)
F60S. 100J(4AB) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 14; S.I. 2021/354, reg. 2(c) (with reg. 3)
F61S. 100J(4B) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 56, 325, Sch. 8 para. 15(5); S.I. 2008/3068, art. 2(1)(w) (with savings and transitional provisions in arts. 6-13)
F62S. 100J(5) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, 61, Sch. 1 para. 39(4), Sch. 2; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
Modifications etc. (not altering text)
C1S. 100J(1)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(h)
C2S. 100J(1)(b) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(h)
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