The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) (Amendment) Regulations 2021

Amendment of regulation 13 of the principal Regulations

10.—(1) Regulation 13(1) (supplementary provision) of the principal Regulations is amended as follows.

(2) In paragraph (3)—

(a) for “Paragraph (2) does not require or authorise” substitute “No provision of these Regulations requires or authorises”;

(b) for “that paragraph” substitute “a provision of these Regulations”.

(3) For paragraph (4) substitute—

“(4) Where any document is required by these Regulations to be—

(a) published on the website of a local authority,

(b) supplied for the benefit of any newspaper, or

(c) supplied to, or be open to inspection by, a member of the public,

the publication thereby of any defamatory matter contained in the document is privileged unless the publication is proved to be made with malice.”

(4) After paragraph (4), insert—

“(4A) Any document to which paragraph (4) applies is, for the purposes of paragraph 5 of Schedule 1 to the Defamation Act 1996 (c. 31), to be treated as a document required by law to be open to public inspection.”

(5) In paragraph (5)—

(a) for “record”, in each place it occurs, substitute “statement”;

(b) for “available for inspection by members of the public” substitute “published on the website of an authority”;

(c) for “made available for inspection by the public” substitute “remain accessible electronically by members of the public”.

(6) For paragraph (6) substitute—

“(6) Any background papers required by regulation 9 to be published on the website of an authority must remain accessible electronically by members of the public for a period of six years beginning with the date on which the decision, to which the background papers relate, was made.”

(7) After paragraph (6) insert—

“(6A) Where it is not reasonably practicable to publish on the website of an authority any background papers to which regulation 9 applies, those papers must be retained by the authority and be available for inspection by members of the public for a period of six years beginning with the date on which the decision, to which the background papers relate, was made.

(6B) A local authority must put in place facilities for members of the public who would otherwise not be able to do so to access documents directed by any provision of these Regulations to be published on the website of the authority or to remain accessible electronically.

(6C) A local authority must have regard to any guidance issued by the Welsh Ministers about the exercise of their functions under these Regulations.”

(1)

Regulation 13 was temporarily modified by regulation 23(8) of the 2020 Regulations, in relation to meetings held, and executive decisions taken, between 22 April 2020 and the end of 30 April 2021.