The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012

Made: 10th August 2012

Laid before Parliament: 15th August 2012

Coming into force: 10th September 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 9G, 9GA and 105 of the Local Government Act 2000 , makes the following Regulations.

PART 1 — General

Citation and commencement

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These Regulations may be cited as the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and come into force on 10th September 2012.

Interpretation

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In these Regulations—

• “the 1972 Act” means the Local Government Act 1972 ;

• “the 2000 Act” means the Local Government Act 2000;

• “background papers” in relation to a report or part of a report, means those documents other than published works, that—relate to the subject matter of the report or, as the case may be, the part of the report; andin the opinion of the proper officer—disclose any facts or matters on which the report or an important part of the report is based; andwere relied on to a material extent in preparing the report;

• “confidential information” means—information provided to the local authority by a government department on terms (however expressed) which forbid the disclosure of the information to the public; orinformation the disclosure of which to the public is prohibited by or under any enactment or by the order of a court,and in either case, a reference to the obligation of confidence is to be construed accordingly;

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

• “decision maker” means the decision-making body by which, or the individual by whom, an executive decision is made;

• “the decision-making body” means—the executive of a local authority;a committee of a local authority executive;a joint committee, where all the members of the joint committee are members of a local authority executive, which is authorised to discharge the function to which the executive decision relates in accordance with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 ;a sub-committee of a joint committee where all the members of the joint committee are members of a local authority executive, which is authorised to discharge the function to which the executive decision relates in accordance with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012; oran area committee of a local authority executive, within the meaning of section 9E of the 2000 Act;

• “document” means any report or background papers, other than that only in a draft form, taken into consideration in relation to an executive decision;

• “executive decision” means a decision made or to be made by a decision maker in connection with the discharge of a function which is the responsibility of the executive of a local authority;

• “exempt information” has the meaning given by section 100I of the 1972 Act (exempt information and power to vary Schedule 12A);

• “head of paid service” means a person designated as a head of paid service under section 4 of the Local Government and Housing Act 1989 (designation and reports of head of paid service) ;

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

• “joint committee” means a committee appointed under section 102(1) of the 1972 Act (appointment of committees) in accordance with regulations made under section 9EB of the 2000 Act (joint exercise of functions) ;

• “key decision” has the meaning given in regulation 8;

• “local authority” means a county council in England, a district council or a London borough council which is operating executive arrangements in accordance with Part 1A of the 2000 Act;

• “newspaper” includes—a news agency which systematically carries on the business of selling and supplying reports or information to the newspapers; andany organisation which is systematically engaged in collecting news—for sound or television broadcasts;for inclusion in programmes to be included in any programme service within the meaning of the Broadcasting Act 1990 other than a sound or television broadcasting service within the meaning of Part 3 or Part 1 of that Act respectively; orfor use in electronic or any other format to provide news to the public by means of the internet;

• “political adviser or assistant” means a person appointed pursuant to section 9 of the Local Government and Housing Act 1989 (assistants for political groups) or regulations made under paragraph 5 of Schedule A1 to the 2000 Act (regulations for mayor's assistant);

• “private meeting” means a meeting, or part of a meeting, of the decision-making body during which the public are excluded in accordance with regulation 4(2);

• “proper officer” has the same meaning as in section 270(3) of the 1972 Act (general provisions as to interpretation);

• “public meeting” means a meeting of the decision-making body which is open to the public in accordance with regulation 4(1);

• “relevant local authority” means the local authority whose executive is responsible for the discharge of the function to which the executive decision relates;

• “relevant overview and scrutiny committee” means an overview and scrutiny committee of the relevant local authority which has terms of reference including the power to review or scrutinise decisions made, or other actions taken, in connection with the discharge of the function to which the decision relates;

• “report” in relation to an executive decision does not include a report in draft form.

PART 2 — Admission of public to meetings of local authority executives and their committees

Meetings of local authority executives and their committees to be held in public

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Subject to regulation 4, a meeting of a decision-making body must be held in public.

Admission of the public to meetings of local authority executives and their committees

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• (1) A meeting of a decision-making body must be open to the public except to the extent that the public are excluded under paragraph (2).

• (2) The public must be excluded from a meeting during an item of business whenever—

• (a) it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence;

• (b) the decision-making body concerned passes a resolution to exclude the public during that item where it is likely, in view of the nature of the item of business, that if members of the public were present during that item, exempt information would be disclosed to them; or

• (c) a lawful power is used to exclude a member or members of the public in order to maintain orderly conduct or prevent misbehaviour at a meeting.

• (3) A resolution under paragraph (2)(b) must–—

• (a) identify the proceedings, or the part of the proceedings to which it applies, and

• (b) state, by reference to the descriptions in Schedule 12A to the 1972 Act (access to information: exempt information), the description of exempt information giving rise to the exclusion of the public.

• (4) The public may only be excluded under sub-paragraph (a) or (b) of paragraph (2) for the part or parts of the meeting during which it is likely that confidential information or exempt information would be disclosed.

• (5) Without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting, the decision-making body is not to have the power to exclude members of the public from a meeting while it is open to the public.

• (5A) Where the public are excluded from a meeting under paragraph (2), a decision making body may also prevent any person from reporting proceedings using methods—

• (a) which can be used without that person's presence at the meeting, and

• (b) which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.

• (5B) While the meeting is open to the public, any person attending is to be permitted to report the proceedings.

• (5C) Paragraph (5B) does not require a decision making body to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

• (6) While the meeting is open to the public, any person attending the meeting for the purpose of reporting the proceedings is, so far as practicable, to be afforded reasonable facilities for taking their report.

• (7) Any person who attends the meeting to report the proceedings may use any communication methods, including the internet, to publish, post or otherwise share the results of their reporting activities.

• (8) Publication and dissemination may take place at the time of the meeting or occur after the meeting.

• (9) For the purposes of this regulation, reporting on proceedings at a meeting means—

• (a) filming, photographing or making an audio recording of the proceedings at the meeting,

• (b) using any other means for enabling persons not present to see or hear proceedings at the meeting as it takes place or later, or

• (c) reporting or providing commentary on proceedings at the meeting, orally or in writing, so that the report or commentary is available to persons not present, as the meeting takes place or later.

Procedures prior to private meetings

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• (1) A decision made by a decision-making body to hold a meeting in private is a prescribed decision for the purpose of section 9GA(5) of the 2000 Act (regulations requiring prescribed information about prescribed decisions).

• (2) At least 28 clear days before a private meeting, the decision-making body must—

• (a) make available at the offices of the relevant local authority a notice of its intention to hold the meeting in private; and

• (b) publish that notice on the relevant local authority's website, if it has one.

• (3) A notice under paragraph (2) must include a statement of the reasons for the meeting to be held in private.

• (4) At least five clear days before a private meeting, the decision-making body must—

• (a) make available at the offices of the relevant local authority a further notice of its intention to hold the meeting in private; and

• (b) publish that notice on the relevant local authority's website, if it has one.

• (5) A notice under paragraph (4) must include—

• (a) a statement of the reasons for the meeting to be held in private;

• (b) details of any representations received by the decision-making body about why the meeting should be open to the public; and

• (c) a statement of its response to any such representations.

• (6) Where the date by which a meeting must be held makes compliance with this regulation impracticable, the meeting may only be held in private where the decision-making body has obtained agreement from—

• (a) the chairman of the relevant overview and scrutiny committee; or

• (b) if there is no such person, or if the chairman of the relevant overview and scrutiny committee is unable to act, the chairman of the relevant local authority; or

• (c) where there is no chairman of either the relevant overview and scrutiny committee or of the relevant local authority, the vice-chairman of the relevant local authority,

that the meeting is urgent and cannot reasonably be deferred.

• (7) As soon as reasonably practicable after the decision-making body has obtained agreement under paragraph (6) to hold a private meeting, it must—

• (a) make available at the offices of the relevant local authority a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred; and

• (b) publish that notice on the relevant local authority's website, if it has one.

Procedures prior to public meetings

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• (1) The decision-making body must give notice of the time and place of a public meeting by displaying it at the offices of the relevant local authority and publishing it on that authority's website, if it has one—

• (a) at least five clear days before the meeting; or

• (b) where the meeting is convened at shorter notice, at the time that the meeting is convened.

• (2) An item of business may only be considered at a public meeting—

• (a) where a copy of the agenda or part of the agenda including the item has been available for inspection by the public as required by regulation 7 for at least five clear days before the meeting; or

• (b) where the meeting is convened at shorter notice, a copy of the agenda including the item has been available for inspection by the public from the time that the meeting was convened.

Access to agenda and connected reports for public meetings

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• (1) Subject to paragraph (2), a copy of the agenda and every report for a meeting must be made available for inspection by the public—

• (a) at the offices of the relevant local authority; and

• (b) on the relevant local authority's website, if it has one.

• (2) If the proper officer thinks fit, there may be excluded from the copy of any report provided pursuant to paragraph (1) the whole, or any part, of the report which relates only to matters during which, in the proper officer's opinion, the meeting is likely to be a private meeting.

• (3) Any document which is required by paragraph (1) to be available for inspection by the public must be available for such inspection for at least five clear days before the meeting except that—

• (a) where the meeting is convened at shorter notice, a copy of the agenda and associated reports must be available for inspection when the meeting is convened; and

• (b) where an item which would be available for inspection by the public is added to the agenda, copies of the revised agenda and any report relating to the item for consideration at the meeting, must be available for inspection by the public when the item is added to the agenda.

• (4) Nothing in paragraph (3) requires a copy of the agenda, item or report to be available for inspection by the public until a copy is available to members of the decision-making body concerned.

• (5) Where by virtue of paragraph (2) the whole or any part of a report for a public meeting is not available for inspection by the public—

• (a) every copy of the whole report or of the part of the report, as the case may be, must be marked “not for publication”; and

• (b) there must be stated on every copy of the whole or the part of the report—

• (i) that it contains confidential information; or

• (ii) by reference to the descriptions in Schedule 12A to the 1972 Act, the description of exempt information by virtue of which the decision-making body discharging the executive function are likely to exclude the public during the item to which the report relates.

• (6) Except during any part of a meeting during which the public are excluded, the relevant local authority must make available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.

• (7) Subject to regulation 20, following a request made by a member of the public or on behalf of a newspaper and on payment being made of postage, copying or other necessary charge for transmission, a relevant local authority must supply to that person or newspaper—

• (a) a copy of the agenda for a public meeting and a copy of each of the reports for consideration at the meeting;

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

• (c) if the proper officer thinks fit in the case of any item, a copy of any other document supplied to members of the executive in connection with the item.

• (8) Paragraph (2) applies in relation to copies of reports provided pursuant to paragraph (6) or (7) as it applies in relation to copies of reports made available for inspection pursuant to paragraph (1).

PART 3 — Key decisions

Key decisions

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• (1) In these Regulations a “key decision” means an executive decision, which is likely—

• (a) to result in the relevant local authority incurring expenditure which is, or the making of savings which are, significant having regard to the relevant local authority's budget for the service or function to which the decision relates; or

• (b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the relevant local authority.

• (2) In determining the meaning of “significant” for the purposes of paragraph (1) the local authority must have regard to any guidance for the time being issued by the Secretary of State in accordance with section 9Q of the 2000 Act (guidance).

Publicity in connection with key decisions

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• (1) Where a decision maker intends to make a key decision, that decision must not be made until a document has been published in accordance with paragraph (2), which states—

• (a) that a key decision is to be made on behalf of the relevant local authority;

• (b) the matter in respect of which the decision is to be made;

• (c) where the decision maker is an individual, that individual's name, and title if any and, where the decision maker is a decision-making body, its name and a list of its members;

• (d) the date on which, or the period within which, the decision is to be made;

• (e) a list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which the key decision is to be made;

• (f) the address from which, subject to any prohibition or restriction on their disclosure, copies of, or extracts from, any document listed is available;

• (g) that other documents relevant to those matters may be submitted to the decision maker; and