Local Government Act 1972, section 100D

Inspection and publication of background papers

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

[[F401,F402 (1)Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public [F403 , or are required by section 100BA(1) or 100C(1A) to be published electronicallyF403] —

(a)those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, F404...

(b)[F405 in relation to a principal council in England,F405] at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council.F402] [F406 , and

(c)in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.F406]

(2)[F407 In relation to a principal council in England,F407] Subsection (1) above does not require a copy F408. . . of any document included in the list, to be open to inspection after the expiration of the period of four years beginning with the date of the meeting.

[F409 (2A)In relation to a principal council in Wales, copies of documents included in the list must—

(a)where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and

(b)where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.F409]

(3)Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4)Nothing in this section—

(a)requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b)without prejudice to the generality of subsection (2) of section 100A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public [F410 or published electronicallyF410] , would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5)For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a)disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b)have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.F401,F400]]

Definitions used in section 100D 6

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
England

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act
Wales

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · 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
information

“information” includes an expression of opinion, any recommendations and any decision taken;

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

Cases considering section 100D 22

Code Students (Nottingham) Limited, R (on the application of) v Nottingham City Council

[2026] EWHC 2110 (Admin) · 7 August 2026Interprets

The court interprets non-compliance with the background-paper regime as fact-sensitive rather than automatically invalidating. Ground 1 failed because no arguable prejudice or substantial difference was shown. (see paras [21]-[24]; [35]-[45]) The court applies the duty to list background papers in an officer’s report and make them available for inspection. The admitted breach did not establish an arguable ground because material prejudice was absent. (see paras [21]; [39]-[45]) The court applies the statutory definition to documents disclosing facts relied on materially in preparing the officer’s report, including the assessment report and consultees’ comments. (see paras [22]-[24])

Guardians of Whitewebbs Park CIC v London Borough of Enfield

[2026] EWHC 1916 (Admin) · 27 July 2026Interprets

Interprets: The court treated section 100D as a transparency requirement requiring rational identification of documents materially relied on in preparing a report. It held that both ecological reports met the statutory definition, although only failure to list the report recording the concealed disagreement invalidated the decision. (see paras [73]-[75]; [99]-[112]) Applies: The court held that the duty to include and make available a background-paper list was breached, and that the breach concerning the ecology report was serious. (see paras [74]; [109]-[113]) Applies: The failure to include the relevant reports in the list breached the requirement to provide a list of background papers. (see paras [74]; [109]-[112]) Applies: The court treated the failure to make the material report publicly available before the committee meeting as part of the transparency breach causing prejudice. (see paras [73]; [111]-[113]) Interprets: The court applied the statutory definition of background papers to documents relating to the report that disclosed facts or matters on which an important part was based and that were materially relied on. (see paras [74]; [102]-[110]) Applies: The report recording the unresolved biodiversity net gain disagreement disclosed matters on which an important part of the officers’ report was based, or should rationally have been based. (see paras [104]-[109]) Applies: The court found material reliance where the ecological consultant’s views were used to present the Ecology Officer as having no objection, even though his disagreement was omitted. (see paras [104]-[110])

Wildfish, R (on the application of) v Buckinghamshire Council

[2025] EWHC 3060 (Admin) · 20 November 2025Interprets

Applies the requirement to list and make available background papers for committee reports. Any failure concerning the Ofwat email or Professor Shreeve’s calculations caused no prejudice and would not have affected the outcome. (see paras [195]-[201], [256]-[257]) Interprets the requirement that a background paper disclose facts or matters on which the report or an important part of it is based. The Ofwat email and Professor Shreeve’s calculations did not satisfy that test on the primary analysis. (see paras [85]-[86], [197], [256]) Interprets material reliance as necessary for a document to be a background paper. The officer’s report was based on information from Anglian Water rather than the Ofwat email or Professor Shreeve’s calculations. (see paras [86], [197], [256])

2 more judgments, and what each says about section 100D, are in the case-law panel in the full Act.

Amendments and notes

17 notes from legislation.gov.uk

Amendments

  1. F400Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
  2. F399Words in s. 100D heading inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(6) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  3. F401S. 100D omitted (temp.) (W.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 21(5) (with reg. 19)
  4. F402S. 100D(1) substituted (1.10.2000 for E., 28.7.2001 for W.) by 2000 c. 22, ss. 97(1), 108(4); S.I. 2000/2187, art. 3
  5. F403Words in s. 100D(1) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(a) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  6. F404Word in s. 100D(1) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(b) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  7. F405Words in s. 100D(1)(b) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(c) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  8. F406S. 100D(1)(c) and word inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(2)(d) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  9. F407Words in s. 100D(2) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(3) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  10. F408Words in s. 100D(2) repealed (1.10.2000 for E., 28.7.2001 for W.) by 2000 c. 22, ss. 97(2), 107(2), 108(4), Sch. 6; S.I. 2000/2187, art. 3
  11. F409S. 100D(2A) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(4) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
  12. F410Words in s. 100D(4)(b) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 9(5) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

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. C327Ss. 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. C328Ss. 100A-100D applied (with modifications) by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(1)(2)
  4. C329Ss. 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. C330Ss. 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)