Local Government and Public Involvement in Health Act 2007

237 Exercise of functions under section 236: records E+W

(1) After section 100E of the Local Government Act 1972 (c. 70) insert—

“100EA Inspection of records relating to functions exercisable by members

(1) The Secretary of State may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, to be made and provided to the authority by the member.

(2) Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken.

(3) A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2) In section 100H of that Act (supplemental provisions and offences), in subsection (4), for “or 100C(1)” substitute “ , 100C(1) or 100EA(2) ”.

(3) In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)—

(a) in subsection (2A)(a), after “that authority,” insert “ or a member of that executive ”;

(b) in subsection (2A)(b), after “as the case may be,” insert “ by the member of that executive or ”;

(c) after subsection (2A) insert—

“(2B) Subsection (2C) applies to a record if—

(a) it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, and

(b) it is required to be made by regulations under section 100EA of the Local Government Act 1972.

(2C) If a document which purports to be a copy of a record to which this subsection applies bears a certificate—

(a) purporting to be signed by—

(i) the proper officer of the local authority, or

(ii) a person authorised in that behalf by that officer or by the local authority, and

(b) stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate,

the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question.”

Commencement Information

I1 S. 237 in force at 12.12.2008 by S.I. 2008/3110, art. 2(i)