Local Government Act 1972, section 100B

Access to agenda and connected reports

Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

(1)Copies of the agenda for a meeting of a principal council and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the council in accordance with subsection (3) below.

(2)If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during which, in his opinion, the meeting is likely not to be open to the public.

(3)Any document which is required by subsection (1) above to be open to inspection shall be so open at least [F390 five clear daysF390] before the meeting, except that—

(a)where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b)where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

(4)An item of business may not be considered at a meeting of a principal council unless either—

(a)a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least [F391 five clear daysF391] before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b)by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5)Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a) every copy of the report or of the part shall be marked “Not for publication”; and

(b)there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 12A to this Act, of the exempt information by virtue of which the council are likely to exclude the public during the item to which the report relates.

(6)Where a meeting of a principal council is required by section 100A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7)There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a)a copy of the agenda for a meeting of a principal council and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b)such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c)if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(8)Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.F389]

Definitions used in section 100B 4

copy

“copy”, in relation to any document, includes a copy made from a copy;

Defined in s.100K(1) · see it in the full Act
principal council

“principal council” means a council elected for a principal area;

Defined in s.270(1) · see it in the full Act

“principal council” shall be construed in accordance with section 100J above.

Defined in s.100K(1) · see it in the full Act
exempt information

“exempt information” has the meaning given by section 100I above;

Defined in s.100K(1) · see it in the full Act
newspaper

“newspaper” includes—

Defined in s.100K(1) · see it in the full Act

Cases considering section 100B 12

Save Warsash and the Western Wards, R. (On the Application of) v Fareham Borough Council

[2021] EWHC 1435 (Admin) · 28 May 2021

The court applied the statutory duty requiring agendas and connected reports to be open for public inspection within the prescribed period. The late-filed papers fell within that duty, and Fareham accepted breach. (see paras [31]-[37])

Whitstable Society v Canterbury City Council

[2017] EWHC 254 (Admin) · 15 February 2017Interprets

The court held that the meeting notice sufficiently identified the business to be considered. The description referring to approval of terms for development of the publicly owned site was adequate notice of the proposed disposal (see paras [87]-[89]).

McCann, R (On the Application Of) v Bridgend County Borough Council

[2014] EWHC 4335 (Admin) · 19 December 2014

Applies the public inspection requirement for meeting agendas and reports. Failure to make the Community Impact Assessment available before the decision contributed to a material information breach. (see paras [26]-[27]; [83]) Applies the requirement that documents be available at least three clear days before the meeting. The Community Impact Assessment was not made available to the public before the relevant decision. (see para [26]; [67]-[68]; [83])

What each judgment says about section 100B is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F389Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
  2. F390Words in s. 100B(3) substituted (E.) (1.10.2002) by The Local Authorities (Access to Meetings and Documents) (Period of Notice) (England) Order 2002 (S.I. 2002/715), arts. 1(2), 3(a)
  3. F391Words in s. 100B(4)(a) substituted (E.) (1.10.2002) by The Local Authorities (Access to Meetings and Documents) (Period of Notice) (England) Order 2002 (S.I. 2002/715), arts. 1(2), 3(b)

Modifications

  1. C305Ss. 100A-100D applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)
  2. C316Ss. 100A-100D extended (with modifications) by Health Services Joint Consultative Committees (Access to Information) Act 1986 (c. 24, SIF 113:2), s. 2(1)
  3. C317Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)
  4. C318Ss. 100A-100D applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(1)(2)
  5. C319Ss. 100A-100D applied (12.11.2009 for certain purposes and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(a), 324(1)(c)(3) (with ss. 172(3), 185)
  6. C320S. 100B applied (with modifications) (1.4.2015) by The Local Audit (Auditor Panel) Regulations 2014 (S.I. 2014/3224), regs. 1(1), 9(3) (with reg. 1(3))
  7. C321S. 100B(2) restricted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 24(5)(6), 73; S.I. 2005/558, art. 2(1), Sch. 1

Extent

  1. E5This version of this provision extends to England only; a separate version has been created for Wales only