Local Government Act 1972, section 100F

Additional rights of access to documents for members of principal councils

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

(1)Any document which is in the possession or under the control of a principal council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council shall, subject to [F428 subsections (2) to (2C)F428] below, be open to inspection by any member of the council.

[F429 (2)In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.F429]

[F430 (2A)But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

(a)paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

(b)paragraph 6 of Schedule 12A to this Act.

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

(2C)In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.F430]

(3)[F431 The appropriate personF431] may by order amend [F432 subsections (2) to (2C)F432] above—

(a)by adding to the descriptions of exempt information to which [F433 those subsections referF433] for the time being; or

(b)by removing any description of exempt information to which [F434 those subsections referF434] for the time being.

[F435 (3A) In subsection (3) above “the appropriate person” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.F435]

(4)Any statutory instrument containing an order under subsection (3) [F436 made by the Secretary of StateF436] above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The rights conferred by this section on a member of a principal council are in addition to any other rights he may have apart from this section.F427]

Definitions used in section 100F 6

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
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
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
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

Cases considering section 100F 3

Perry, R (On the Application Of) v Newmark Properties Ltd & Ors

[2014] EWHC 3499 (Admin) · 24 October 2014Interprets

Interprets the councillor inspection regime as preserving an exemption for financial and business information relating to terms proposed in contractual negotiations. The viability appraisals therefore remained exempt from members’ inspection in the circumstances of the planning negotiations (see paras [75]-[80]). Interprets the provision as retaining the exemption where information about financial or business affairs relates to terms proposed by the authority in negotiations for a contract. The exemption applied to the viability material supporting affordable-housing terms in the section 106 agreement (see paras [75]-[78]).

Armstrong-Braun, R (on the application of) v Flintshire County Council

[2001] EWCA Civ 345 · 20 February 2001

The provision governing councillors’ access to documents formed part of the statutory context relevant to their representative functions. (See Schiemann LJ, statutory framework.)

Holborn Studios Ltd, R (On the Application Of) v London Borough of Hackney

[2017] EWHC 2823 (Admin) · 10 November 2017

The provision governing councillors’ access to documents was considered only to explain why the disclosure issue in Perry differed from the present legitimate-expectation claim (see paras [144]-[145]).

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

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F427Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
  2. F428Words in s. 100F(1) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(2)
  3. F429S. 100F(2) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(3)
  4. F430S. 100F(2A)(2B)(2C) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(4)
  5. F431Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(a)
  6. F432Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(b)
  7. F433Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(c)
  8. F434Words in s. 100F(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(5)(d)
  9. F435S. 100F(3A) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(6)
  10. F436Words in s. 100F(4) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88), art. 2(7)

Modifications

  1. C331S. 100F applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

Extent

  1. E6This version of this provision extends to England only; a separate version has been created for Wales only