Section 100H Supplemental provisions and offences.F1 C1 C2 C3 F2

England and Wales

(1)

A document directed by ~~F3any provision of this Part to be open to inspection shall be so open at all reasonable hours and—~~

(a)

~~in the case of a document open to inspection by virtue of section 100D(1) above, upon payment of such reasonable fee as may be required for the facility; and~~

(b)

~~in any other case, without payment.~~

section 100G to be open to inspection is to be open to inspection at all reasonable hours and without payment.

(2)

F4In relation to a principal council in England, Where a document is open to inspection by a person under ~~F5any provision of this Part~~ section 100G, the person may, subject to subsection (3) below—

(a)

make copies of or extracts from the document, or

C4(b)

require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required for the facility.

(F62A)

In relation to a principal council in Wales, where a document is open to inspection by a person under any provision of this Part the person may, subject to subsection (3) below—

(a)

make copies of the document or parts of the document, or

(b)

require the person having custody of the document to provide a copy of the document or of parts of the document,

upon payment of such reasonable fee as may be required for the facility.

C5(3)

F7Subsections (2), (2A) and (6A) do not require or authorise the doing of any such act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of F8those subsections shall constitute an infringement of the copyright.

(F93A)

Provisions in this Part which require the publication or supply of documents do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a principal council, nothing done in pursuance of those provisions shall constitute an infringement of the copyright.

(F103A)

Provisions in this Part which require the publication of documents by a principal council in Wales do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is the council, nothing done in pursuance of those provisions constitutes an infringement of the copyright.

(4)

~~F11If, without reasonable excuse, a person having the custody of a document which is required by section 100B(1)~~ ~~F12, 100C(1) or 100EA(2)~~ ~~above to be open to inspection by the public—~~

(a)

~~intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extracts from, the document, or~~

(b)

~~refuses to furnish copies to any person entitled to obtain them under any provision of this Part,~~

~~he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.~~

C6(5)

Where any accessible document for a meeting to which this subsection applies~~F13—~~

(a)

~~is supplied to, or open to inspection by, a member of the public,~~ F14~~...~~

(~~F15aa~~)

~~is published electronically by a principal council in Wales, or~~

(b)

~~is supplied for the benefit of any newspaper, in pursuance of section 100B(7)~~ ~~F16or 100BA(9)~~ ~~above,~~

is published electronically or supplied to a member of the public in accordance with this Part,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

(6)

Subsection (5) above applies to any meeting of a principal council and any meeting of a committee or sub-committee of a principal council; and, for the purposes of that subsection, the “accessible documents”; for a meeting are the following—

(a)

any copy of the agenda or of any item included in the agenda for the meeting;

(b)

~~F17any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 100B(7)(~~b) ~~F18or 100BA(9)(b)~~ ~~above;~~

(c)

~~F19any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 100B(7)(~~c) ~~F20or 100BA(9)(c)~~ ~~above;~~

(d)

any copy of the whole or part of a report for the meeting;

(e)

~~F21any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 100D above.~~

(F22f)

the note required to be published by a principal council in Wales under section 100C(1C).

(F236A)

A principal council in Wales must put in place facilities for members of the public who would otherwise not be able to do so, to access—

(a)

notices or other documents required to be published electronically under sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c), and

(b)

documents required to remain accessible electronically under sections 100C(1A) and 100D(2A)(a).

(7)

The rights conferred by this Part to inspect F24or otherwise access, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

(F258)

A principal council in Wales must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions relating to the publication, provision and inspection of documents under this Part.

Annotations

Textual amendments

F1: Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
F2: Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
F3: Words in s. 100H(1) 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(8)(a) (with reg. 19)
F4: Words in s. 100H(2) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(2) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F5: Words in s. 100H(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(8)(b) (with reg. 19)
F6: S. 100H(2A) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(3) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F7: Words in s. 100H(3) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(4)(a) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F8: Words in s. 100H(3) substituted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(4)(b) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F9: S. 100H(3A) inserted (temp.) (W.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 21(8)(c) (with reg. 19)
F10: S. 100H(3A) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(5) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F11: S. 100H(4) 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(8)(d) (with reg. 19)
F12: Words in s. 100H(4) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 237(2), 245; S.I. 2008/3110, art. 2(i)
F13: Words in s. 100H(5) 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(8)(e) (with reg. 19)
F14: Word in s. 100H(5) omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(6)(a) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F15: S. 100H(5)(aa) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(6)(b) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F16: Words in s. 100H(5)(b) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(6)(c) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F17: S. 100H(6)(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(8)(f) (with reg. 19)
F18: Words in s. 100H(6)(b) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(7)(a) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F19: S. 100H(6)(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(8)(f) (with reg. 19)
F20: Words in s. 100H(6)(c) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(7)(b) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F21: S. 100H(6)(e) 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(8)(f) (with reg. 19)
F22: S. 100H(6)(f) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(7)(c) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F23: S. 100H(6A) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(8) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)
F24: Words in s. 100H(7) inserted (temp.) (W.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 21(8)(g) (with reg. 19)
F25: S. 100H(8) inserted (1.5.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 10(9) (with Sch. 4 para. 22); S.I. 2021/354, reg. 2(c) (with reg. 3)

Modifications

C1

S. 100H extended (with modifications) by Health Services Joint Consultative Committees (Access to Information) Act 1986 (c. 24, SIF 113:2),ss. 2(2), 4

C2

S. 100H amended by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(4)(a)

C3

S. 100H applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27 (as amended (W.) (21.5.2021) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), reg. 7(2)(g))

S. 100H applied (with modifications) (E.) (1.1.2003) by The Commision for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch. 2 para. 1(3)

C4

S. 100H(2)(b) modified by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s.1(4)(b)

C5

S. 100H(3) modified by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(4)(c)

C6

S. 100H(5) applied by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(4)(d)

Notes on Part VA

Textual amendments

F1: Pt. 5A (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)

Modifications

C1

Pt. 5A power to apply (with modifications) conferred by 2000 c. 22, s. 9GA(7) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e))

C2

Pt. 5A applied in part (with modifications) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8

C3

Pt. 5A modified by 2000 c. 22, s. 9FA(6)(a) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e))

C4

Pt. 5A applied (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 20(6)

C5

Pt. 5A applied (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 9(8)

C6

Pt. 5A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9

C7

Pt. 5A (ss. 100A-100K) modified by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 2 para. 7

Pt. 5A (ss. 100A-100K) modified (11.9.1998) by 1998 c. 18, ss. 10(6), 55(2)

Pt. 5A (ss. 100A-100K) modified (E.) (2.4.2001) by S.I. 2001/1299, reg. 6(10)(a)

Pt. 5A (ss. 100A-100K) modified (W.) (28.7.2001) by S.I. 2001/2284, reg. 5(1)(a)

Pt. 5A (ss. 100A-100K) modified (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 24(7), 73; S.I. 2005/558, art. 2(1), Sch. 1

C8

Pt. 5A (ss. 100A-100K) extended (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 67(4)

Pt. 5A (ss. 100A-100K) extended (with modifications) (8.5.2000 and 3.7.2000) by 1999 c. 29, ss. 58, 61, 65 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3

Pt. 5A (ss. 100A-100K) extended (E.) (26.10.2000) and (W.) (28.7.2001) by 2000 c. 22, ss. 21(11)(a), 108(4)-(6); S.I. 2000/2849, art. 2(a)

C9

Pt. 5A (ss. 100A-100K) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5A (ss. 100A-100K) applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Pt. 5A (ss. 100A-100K) applied (with modifications) (8.5.2000 for specified purposes otherwise 3.7.2000) by 1988 c. 41, s. 115(3A) (as inserted (8.5.2000 for specified purposes otherwise 3.7.2000) by 1999 c. 29, s. 131(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4)

Pt. 5A applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(a)

Pt. 5A applied (with modifications) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(2)(a)

Pt. 5A (ss. 100A-100K) applied (W.) (28.7.2001) by S.I. 2001/2284, reg. 19(8)

Pt. 5A (ss. 100A-100K) applied (W.) (1.4.2002) by The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002 (S.I. 2002/802), reg. 11(8)(9)

C10

Pt. 5A (ss. 100A-100K): power to make provisions about matters of the kind dealt with in this part conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (a)(iii); S.I. 1997/1930, art. 2(1)(2)(m)

Pt. 5A (ss. 100A-100K): power to apply or reproduce (with or without modifications) conferred (E.) (7.8.2000 for specified purposes otherwise 26.10.2000) and (W.) (1.11.2000) by 2000 c. 22, s. 22(12); S.I. 2000/2187, art. 2(b); S.I. 2000/2849, art. 2(b); S.I. 2000/2948, art. 2

Pt. 5A (ss. 100A-100K): power to apply or reproduce conferred (W.) (1.11.2000 and 19.12.2000 with application in relation to police authorities in Wales) and (E.) (19.12.2000) by 2000 c. 22, s. 53(12); S.I. 2000/2948, art. 2; S.I. 2000/3335, art. 2

Pt. 5A (ss. 100A-100K): power to apply (with or without modifications) conferred (1.1.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 20(11), Sch. 6 para. 5; S.I. 2002/3190, art. 2

Pt. 5A (ss. 100A-100K): power to apply (with or without modifications) conferred (1.9.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 19(5), 42(3); S.I. 2003/2246, art. 2

C11

Pt. 5A applied (with modifications) by S.I. 2001/2812, reg. 7(1) (as substituted (1.3.2006) by The Relevant Authorities (Standards Committee) (Amendment) Regulations 2006 (S.I. 2006/87), reg. 2(a))

C12

Pt. 5A: power to apply (with modifications) conferred (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 241(5), 277(1) (subject to s. 277(2)-(5))

C13

Pt. 5A (ss. 100A-100K) (except ss. 100E, 100G, 100J, 100K) applied (28.8.2001) by S.I. 2001/2812, reg. 7(1)(2) (as amended by S.I. 2003/1483, reg. 3(2))

C14