Regulation 16 Location of meetings and admission of public and pressI1

England and Wales

(1)

A CJC meeting may be held—

(a)

at a location determined by the corporate joint committee;

(b)

by remote means;

(c)

partly by remote means and partly at a location determined by the corporate joint committee.

(2)

A CJC meeting must be open to the public unless, and to the extent that, the public are excluded—

(a)

by virtue of paragraph (3), or

(b)

by resolution made under paragraph (6).

(3)

The public must be excluded from a CJC meeting during an item of business if the corporate joint committee considers it is likely, in view of the nature of that business 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.

(4)

Nothing in this Part is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(5)

For the purposes of paragraphs (3) and (4)—

(a)

“confidential information” means—

(i)

information furnished to a corporate joint committee by a Government department, or a principal council, upon terms (however expressed) which forbid the disclosure of the information to the public, and

(ii)

information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court, and

(b)

consequently, the references to the obligation of confidence are to be construed accordingly.

(6)

A corporate joint committee may by resolution exclude the public from a CJC meeting during an item of business if the corporate joint committee considers it is likely, in view of the nature of the business or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information.

(7)

A resolution under paragraph (6) must—

(a)

identify the proceedings, or the part of the proceedings, to which it applies, and

(b)

state the description, in terms of Schedule 12A to the 1972 Act as applied by regulation 26, of the exempt information giving rise to the exclusion of the public.

(8)

At a CJC meeting, the corporate joint committee must take all reasonable steps to ensure that accredited representatives of news media organisations are afforded reasonable facilities for reporting on proceedings and communicating reports to the organisation.

(9)

Nothing in this regulation requires a corporate joint committee to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place (but see section 46 of the 2021 Act (electronic broadcasts of meetings) as amended by regulation 27).

(10)

This regulation is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

Annotations

Commencement

I1: Reg. 16 in force at 3.12.2021, see reg. 1(2)