Local Government Act 1972

[F1 [F3 100D Inspection [F2 and publication] of background papers. E+W

[F4 [F5 (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 [F6 , or are required by section 100BA(1) or 100C(1A) to be published electronically] —

(a) those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, F7 ...

(b) [F8 in relation to a principal council in England,] at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.][F9 , and

(c) in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.]

(2) [F10 In relation to a principal council in England,] Subsection (1) above does not require a copy F11 . . . 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.

[F12 (2A) In relation to a principal council in Wales, copies of documents included in the list must—

(a) where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and

(b) where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.]

(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 [F13 or published electronically] , 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.]]]

Textual Amendments

F1 Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)

F2 Words in s. 100D heading inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(6) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F3 Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)

F4 S. 100D 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(5) (with reg. 19)

F5 S. 100D(1) substituted (1.10.2000 for E., 28.7.2001 for W.) by 2000 c. 22, ss. 97(1), 108(4); S.I. 2000/2187, art. 3

F6 Words in s. 100D(1) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(a) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F7 Word in s. 100D(1) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(b) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F8 Words in s. 100D(1)(b) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(c) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F9 S. 100D(1)(c) and word inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(d) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F10 Words in s. 100D(2) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(3) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F11 Words in s. 100D(2) repealed (1.10.2000 for E., 28.7.2001 for W.) by 2000 c. 22, ss. 97(2), 107(2), 108(4), Sch. 6; S.I. 2000/2187, art. 3

F12 S. 100D(2A) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(4) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

F13 Words in s. 100D(4)(b) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(5) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

Modifications etc. (not altering text)

C1 Ss. 100A-100D applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

C2 Ss. 100A-100D extended (with modifications) by Health Services Joint Consultative Committees (Access to Information) Act 1986 (c. 24, SIF 113:2), s. 2(1)

C3 Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)

S. 100D applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27 (as amended (W.) (1.5.2021) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), reg. 7(2)(f) (with regs. 10, 11))

C4 Ss. 100A-100D applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(1)(2)

C5 Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)