Part IIE+W+S Local Authority Publicity

6 Interpretation and application of Part II.E+W+S

(1)References in this Part to local authorities and to publicity, and related expressions, shall be construed in accordance with the following provisions.

(2)Local authority” means—

(a)in England and Wales—

  • a county, district or London borough council,

  • the Common Council of the City of London

  • [F1the Broads Authority (except in section 3),]

  • [F2a police and crime commissioner,

  • the Mayor's Office for Policing and Crime]

  • F3. . .

  • F4...

  • a joint authority established by Part IV of the M1Local Government Act 1985,

  • [F5an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,

  • a combined authority established under section 103 of that Act,]

  • [F6a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,]

  • [F7a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,]

  • [F8the London Fire Commissioner,]

  • the Council of the Isles of Scilly, or

  • a parish or community council;

(b)in Scotland, a [F9council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

and includes any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more such authorities.

(3)This Part applies to the Common Council of the City of London as local authority, police authority or port health authority.

(4)“Publicity”, “publish” and “publication” refer to any communication, in whatever form, addressed to the public at large or to a section of the public.

(5)This Part applies to any such publicity expressly or impliedly authorised by any statutory provision, including—

  • section 111 of the M2Local Government Act 1972 or section 69 of the M3Local Government (Scotland) Act 1973 (general subsidiary powers of local authorities),

  • section 141 of the Local Government Act 1972 or section 87 of the Local Government (Scotland) Act 1973 (research and collection of information), and

  • section 145(1)(a) of the Local Government Act 1972 or section 16(1)(a) of the M4Local Government and Planning (Scotland) Act 1982 (provision of entertainments, etc.).

(6)Nothing in this Part shall be construed as applying to anything done by a local authority in the discharge of their duties under Part VA of the Local Government Act 1972 or Part IIIA of the Local Government (Scotland) Act 1973 (duty to afford public access to meetings and certain documents).

[F10(7) Nothing in this Part shall be construed as applying to anything done by a person in the discharge of any duties under regulations made under section 22 of the Local Government Act 2000 (access to information etc.)M5. ]

Textual Amendments

F6Words in s. 6(2)(a) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 88 (with s. 247)

F7Words in s. 6(2)(a) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 52; S.I. 2017/399, reg. 2, Sch. para. 38

F8Words in s. 6(2)(a) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 77; S.I. 2018/227, reg. 4(c)

F9Words in s. 6(2)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 145; S.I. 1996/323, art. 4(1)(b)(c)

F10S. 6(7) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(g), 15 and (W.) (1.4.2002) by S.I. 2002/808, art. 14

Modifications etc. (not altering text)

C5S. 6(2) extended (E.W.) by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(q)

C6S. 6(2) amended (E.W.) by S.I. 1989/1815, art. 2, Sch. 1 para. 6(e)

Marginal Citations