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Local Government Act 1992

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Version Superseded: 01/04/2003

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F16 Publicity requirements for meetings under s. 5.E+W+S

(1)A meeting shall not be held for the purposes of section 5 above unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the body concerned, a notice which—

(a)states the time and place of the meeting;

(b)indicates that the meeting is to be held in order for consideration to be given to a report by an auditor or the Controller of Audit or, as the case may be, to a recommendation of an auditor or of the Scottish Accounts Commission; and

(c)describes the subject-matter of that report or recommendation.

(2)It shall be the duty of a body who have held a meeting for the purposes of section 5 above to ensure—

(a)that the relevant authority is notified, as soon as practicable after the end of the meeting, of the decisions made at that meeting in pursuance of subsection (2)(b) of that section; and

(b)that a notice containing such a summary of those decisions as has been approved by the relevant authority is published, as soon as practicable after the end of the meeting, in a newspaper circulating in that body’s area.

(3)A notice published for the purposes of subsection (2)(b) above in relation to any meeting—

(a)shall not be required to summarise any decision made while the public were excluded from the meeting—

(i)under section 100A(2) of the 1972 Act or section 50A(2) of the 1973 Act (confidential matters);

(ii)in pursuance of a resolution under section 100A(4) of the 1972 Act or section 50A(4) of the 1973 Act (exempt information); or

(iii)in pursuance of a resolution under section 1(2) of the M1Public Bodies (Admission to Meetings) Act 1960 (protection of public interest);

but

(b)in a case where sections 100C and 100D of the 1972 Act or sections 50C and 50D of the 1973 Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents in relation to that meeting which are open for inspection in accordance with those sections.

(4)In subsection (2) above “the relevant authority”—

(a)in relation to a meeting of any body with which the Audit Commission is concerned, means the auditor of that body’s accounts;

(b)in relation to a meeting for the consideration of a report of the Controller of Audit, means the Controller of Audit; and

(c)in relation to a meeting for the consideration of a recommendation from the Scottish Accounts Commission, means that Commission.

(5)This section, so far as it has effect in relation to a meeting under section 5 above, shall so have effect without prejudice to, and in addition to, any provision made in relation to meetings of the body in question by section 18(5) of the 1982 Act (information in advance of meetings to consider auditor’s report) or by or under the 1972 Act, the 1973 Act, the Public Bodies (Admission to Meetings) Act 1960 or any other enactment.

Textual Amendments

F1Ss. 1-7 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Modifications etc. (not altering text)

C1Ss. 1-7 amended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 19(1) (with ss. 7(6), 115, 117)

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