Local Government Act 1972, section 100E

Application to committees and sub-committees

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

(1)Sections 100A to 100D above shall apply in relation to a committee or sub-committee of a principal council as they apply in relation to a principal council.

[F412 (1A)But in section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to a committee which is appointed or established jointly by one or more principal councils in England and one or more principal councils in Wales, or a sub-committee of such a committee.F412]

(2)In the application by virtue of this section of sections 100A to [F413 100DF413] [F413 100CF413] above in relation to a committee or sub-committee—

(a)section 100A(6)(a) shall be taken to have been complied with if the notice is [F414 given by posting it at the time there mentioned at the offices of every constituent principal council and, if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such a council, at those premisesF414] [F414 published electronically on the website of every constituent councilF414] ;

(b)[F415 for the purposes of section 100A(6)(c), premises belonging to a constituent principal council shall be treated as belonging to the committee or sub-committee; F416...F415]

[F417 (ba)the requirement in sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c) to publish a document electronically is complied with if it is published electronically by every constituent principal council;

(bb)the requirement in sections 100C(1A) and 100D(2A)(a) for a document to remain accessible electronically is complied with if the document remains accessible on the website of every constituent principal council; andF417]

(c)[F418 for the purposes of sections 100B(1), 100C(1) and 100D(1) [F419 and (2A)(b)F419] , offices of any constituent principal council shall be treated as offices of the committee or sub-committee.F418]

(3)Any reference in this Part to a committee or sub-committee of a principal council is a reference to—

(a)a committee which is constituted under an enactment specified in section 101(9) below or which is appointed by one or more principal councils under section 102 below; or

(b)a joint committee not falling within paragraph (a) above which is appointed or established under any enactment by two or more principal councils and is not a body corporate; or

[F420 (bba)a committee in place by virtue of section 107D(3)(c)(ii) of the Local Democracy, Economic Development and Construction Act 2009;

(bbb)a joint committee in place by virtue of section 107E of that Act;F420]

[F421 (bb)the Navigation Committee of the Broads Authority; orF421]

(c)a sub-committee appointed or established under any enactment by one or more committees falling within [F422 paragraphs (a) to (bb)F422] above.

(4)Any reference in this Part to a constituent principal council, in relation to a committee or sub-committee, is a reference—

(a)in the case of a committee, to the principal council, or any of the principal councils, of which it is a committee; and

(b)in the case of a sub-committee, to any principal council which, by virtue of paragraph (a) above, is a constituent principal council in relation to the committee, or any of the committees, which established or appointed the sub-committee.F411]

Definitions used in section 100E 7

committee or sub-committee of a principal council

“committee or sub-committee of a principal council” shall be construed in accordance with section 100E(3) above (and see section 100J(3YA), (3ZA)(b) and (3ZAA) above) ;

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
constituent principal council

“constituent principal council” shall be construed in accordance with section 100E(4) above;

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

“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988 .

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

(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to —

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to —

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.22(2) · see it in the full Act

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.11(2) · see it in the full Act

(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.

Defined in s.100F(2E) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

Cases considering section 100E 7

Joicey, R (on the Application of) v Northumberland County Council

[2014] EWHC 3657 (Admin) · 7 November 2014

The provision extended the statutory access regime to council committees and sub-committees (see para [35]). The access duties applied to the planning committee. The Council therefore had to make the agenda, reports and background papers available in accordance with the statutory timetable (see para [43]).

Ezzat Jaafar & Anor, R (on the application of) v East Hertfordshire District Council

[2025] EWHC 2474 (Admin) · 18 September 2025

Cited in the claimants’ publication argument alongside section 100D, but the court’s substantive analysis focused on whether the documents were background papers under section 100D.

Diego Lourenco v The Information Commissioner & Anor

[2024] UKUT 111 (AAC) · 28 March 2024

Applies the corresponding public-meeting rule when the council acts through a committee. The provision was considered as part of the statutory framework relevant to disclosure. (see para [29])

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

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F411Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
  2. F412S. 100E(1A) inserted (6.8.2014) by The Openness of Local Government Bodies Regulations 2014 (S.I. 2014/2095), regs. 1, 4(7)
  3. F413Word in s. 100E(2) substituted (temp.) (W.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 21(6)(a) (with reg. 19)
  4. F414Words in s. 100E(2)(a) substituted (temp.) (W.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 21(6)(b) (with reg. 19)
  5. F415S. 100E(2)(b) 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(6)(c) (with reg. 19)
  6. F416Word in s. 100E(2) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 13(a); S.I. 2021/354, reg. 2(c) (with reg. 3)
  7. F417S. 100E(2)(ba)(bb) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 13(b); S.I. 2021/354, reg. 2(c) (with reg. 3)
  8. F418S. 100E(2)(c) 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(6)(c) (with reg. 19)
  9. F419Words in s. 100E(2)(c) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 13(c); S.I. 2021/354, reg. 2(c) (with reg. 3)
  10. F420S. 100E(3)(bba)(bbb) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 2
  11. F421S. 100E(3)(bb) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1),ss. 21, 23(2), 27(2), Sch. 6 para. 10(4)
  12. F422Words substituted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1),ss. 21, 23(2), 27(2), Sch. 6 para. 10(4)