Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001

PART III ADDITIONAL RIGHTS FOR MEMBERS OF THE LOCAL AUTHORITY AND FOR MEMBERS OF OVERVIEW AND SCRUTINY COMMITTEES

Additional rights of access to documents for members of local authorities

10.—(1) Subject to paragraphs (2) and (3) any document which—

(a) is in the possession, or under the control, of the executive of a local authority; and

(b) contains material relating to:

(i) any business transacted at a meeting of a decision making body of that authority; or

(ii) any decision that has been made by an individual member in accordance with executive arrangements,

shall be open to inspection by any member of the local authority when the meeting concludes or, where an executive decision is made by an individual member, immediately after the decision has been made.

(2) Where it appears to the proper officer that compliance with paragraph (1) in relation to a document or part of a document would involve the disclosure of exempt information of a description falling within any of paragraphs 1 to 6, 9, 11, 12, and 14 of Part I of Schedule 12A to the 1972 Act, paragraph (1) shall not be complied with as regards that document or part.

(3) Where it appears to the proper officer that compliance with paragraph (1) in relation to a document or part of a document would involve the disclosure of advice provided by a political adviser or assistant, that paragraph shall not be complied with as regards that document or part.

(4) The rights conferred by paragraph (1) are in addition to any other rights that a member of a local authority may have apart from this regulation.

Additional rights of access for members of overview and scrutiny committees

11.—(1) Subject to paragraph (2), a member of an overview and scrutiny committee of a local authority shall be entitled to copies of any document which—

(a) is in the possession or under the control of the executive of that authority; and

(b) contains material relating to—

(i) any business transacted at a meeting of a decision making body of that authority; or

(ii) any decision that has been made by an individual member of that executive in accordance with executive arrangements.

(2) No member of an overview and scrutiny committee shall be entitled to a copy of any document or part of a document which contains confidential or exempt information or advice provided by a political adviser or assistant unless that information is relevant to—

(a) an action or decision that is being reviewed or scrutinised by such a committee or a sub-committee of that committee; or

(b) is relevant to any review contained in any programme of work of such a committee or sub-committee.

(3) Where a member of an overview and scrutiny committee shall require a copy of any document or part of a document in accordance with paragraphs (1) and (2) the proper officer shall determine whether the information is relevant as specified in paragraphs (2)(a) and (b).

(4) Nothing in this regulation permits the disclosure of confidential or exempt information by a member of an overview and scrutiny committee other than may be authorised by any other enactment.