(1) [F377 For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the M6 Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as “the 1960 Act”) shall have effect subject to the following provisions of this section. F377]
[F377 The Public Bodies (Admission to Meetings) Act 1960 (“the 1960 Act”) has effect in relation to meetings of committees of local authorities, subject to subsection (2). F377]
(2)Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply . . . to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act or section 100E(3)(a) or (b) below (whether or not by virtue of section 100J below) .
(3) Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.
Cases considering section 100 4
[2023] EWHC 3154 (Admin) · 11 December 2023
The council breached the duty to list and make available background papers materially relied on in the officer’s report. The breach caused no material prejudice or serious disadvantage on the facts (see paras [34]-[37], [61]-[70]).
Requires at least one copy of each listed background paper to be open to public inspection. The council’s refusal to disclose the retail advisers’ reports breached this requirement, without causing material prejudice on the evidence (see paras [34]-[37], [61]-[70]).
The advisers’ retail reports were background papers because they disclosed matters on which the officer’s report was based and had been relied on materially. Their non-disclosure breached the statutory duty, but did not materially prejudice the claimant (see paras [34]-[37], [61]-[70]).
[2018] EWHC 2530 (Admin) · 4 October 2018Interprets
Interprets the public-meeting requirement as applying to a meeting of a principal council, while permitting the council’s published procedure to treat subsequent private decision-making as outside the meeting. The statute did not require the decision to be taken in public (see paras [8]-[12]).
Identifies the provision read with section 100A(4) and Schedule 12A in relation to resolutions excluding the public. The court did not rely on it because the lawfulness of the council’s procedure was determined on another basis (see paras [8]-[12]).
[2016] EWHC 1870 (Admin) · 26 July 2016
The court noted the statutory requirement that committee minutes be available for public inspection. This supported its conclusion that the minutes served as a public record of proceedings, not necessarily as formal reasons for the decision. (see para [74])
What each judgment says about section 100 is in the case-law panel in the full Act.