Local Government Finance Act 1992

28 Information about lists. E+W

(1) A person may require a listing officer to give him access to such information as will enable him to establish what is the state of a list, or has been its state at any time since it came into force, if—

(a) the officer is maintaining the list; and

(b) the list is in force or has been in force at any time in the preceding five years.

(2) A person may require a billing authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—

(a) the authority has deposited the copy under section 22(8) [F1 , 22A(10) [F2 , 22B(10) or 22B(10A)(a)]] above; and

(b) the list is in force or has been in force at any time in the preceding five years.

[F3 (2A) A person may require a billing authority to give them access to such information as will enable that person to establish what is the state of a copy of a list, or has been its state at any time while it has been kept electronically, if—

(a) the authority keeps the copy list electronically under section 22B(10A)(b); and

(b) the list is in force or has been in force at any time in the preceding five years.]

(3) A person may require a billing authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—

(a) the authority has deposited the copy under section 22(6) [F4 or 22B(8)] above; and

(b) the list itself is not yet in force.

[F5 (3A) A person may require a billing authority to give them access to such information as will enable that person to establish what is the state of a copy of a proposed list if—

(a) the authority keeps the copy list electronically under section 22B(8A); and

(b) the list itself is not yet in force.]

(4) A requirement under subsection (1), (2) [F6 , (2A), (3) or (3A)] above must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.

(5) Where access is given under this section to information in documentary form the person to whom access is given may—

(a) make copies of (or of extracts from) the document;

(b) require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.

(6) Where access is given under this section to information in a form which is not documentary the person to whom access is given may—

(a) make transcripts of (or of extracts from) the information;

(b) require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.

(7) If a reasonable charge is required for a facility under subsection (5) or (6) above, the subsection concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.

(8) If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this section—

(a) intentionally obstructs a person in exercising a right under subsection (1), (2), [F7 (2A), (3), (3A)], (5)(a) or (6)(a) above; or

(b) refuses to comply with a requirement under subsection (5)(b) or (6)(b) above,

he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F1 Words in s. 28(2)(a) substituted (18.11.2003) by Local Government Act 2003 (c. 26), s. 127(1), Sch. 7 para. 48(a)

F2 Words in s. 28(2)(a) substituted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 20(3)(a), 23(2)(i)

F3 S. 28(2A) inserted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 20(3)(b), 23(2)(i)

F4 Words in s. 28(3)(a) inserted (18.11.2003) by Local Government Act 2003 (c. 26), s. 127(1), Sch. 7 para. 48(b)

F5 S. 28(3A) inserted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 20(3)(c), 23(2)(i)

F6 Words in s. 28(4) substituted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 20(3)(d), 23(2)(i)

F7 Words in s. 28(8)(a) substituted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 20(3)(e), 23(2)(i)

Modifications etc. (not altering text)

C1 S. 28(2) applied (28.11.1994) by S.I. 1994/2825, reg. 48