Legislation – The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020
PART 3Modification of meeting and public access requirements
Frequency of local authority meetings
6.
Schedule 12 to the 1972 Act (meetings and proceedings of local authorities) applies as follows—
(a)
any reference to being “present” at a meeting includes being present through remote attendance;
(b)
any reference to a “place” where a meeting is held, or to be held, includes reference to more than one place including electronic, digital or virtual locations such as internet locations, web addresses or conference call telephone numbers;
(c)
paragraphs 1 and 7 are disapplied;
(d)
paragraph 2 is to be read as if—
(i)
in subparagraph (1), for “in addition to the annual meeting, such other”, there were substituted “such”;
(ii)
in subparagraph (2), “other” were omitted;
(e)
paragraph 4(1A)(a) is to be read as if after “at the council’s offices” there were inserted “or on the council’s website”.
7.
(a)
section 36(9) (standing orders of the Authority) is to be read as if for the words from “Neither” to “shall” there were substituted “Section 38 below shall not”;
(b)
section 47 (the annual State of London debate) is disapplied;
(c)
section 48 (People’s Question Time) applies as if—
(i)
at the beginning of subsection (1), there were inserted “Subject to subsection (1A)”;
(ii)
“(1A)
Where regulations made under Part 2A of the Public Health (Control of Disease) Act 198414 are in force in respect of a serious and imminent threat to public health which is posed by the incidence and spread of coronavirus, a People’s Question Time may be cancelled where the head of the Authority’s paid service considers that it is not reasonably practicable to hold it.”;
(d)
8.
9.
(a)
paragraphs 2(2) and 3 are disapplied;
(b)
paragraph 6 (calling of meetings) is to be read as if—
(i)
“(a)
notice of the time and place of the intended meeting shall be published on the website of the Board, and”;
(ii)
in subparagraph (4), the words “Where a member and the chief officer agree in writing,” were omitted.
10.
(a)
paragraphs 2(2) and 3 are disapplied;
(b)
paragraph 6 (calling of meetings) is to be read as if—
(i)
“(a)
notice of the time and place of the intended meeting shall be published on the website of the Board, and”;
(ii)
in subparagraph (4), the words “Where a member and the chief officer agree in writing,” were omitted.
11.
(a)
in paragraph 2 (annual meetings and other meetings of the Authority) is disapplied;
(b)
paragraph 5 (calling of meetings of the Authority) is to be read as if—
(i)
“(a)
notice of the time and place of the intended meeting shall be published on the website of the Authority, and”;
(ii)
in subparagraph (4), the words “Where a member of the Authority and the National Park officer agree in writing,” were omitted.
12.
(a)
paragraph 2 (annual meetings and other meetings of the Authority) is disapplied;
(b)
paragraph 5 (calling of meetings of the Authority) is to be read as if—
(i)
“(a)
notice of the time and place of the intended meeting shall be published on the website of the Authority, and”;
(ii)
in subparagraph (4), the words “Where a member of the Authority and the National Park officer so agree in writing,” were omitted.
Public and press access
13.
(a)
subsection (4)(a) is to be read as if, after “(or, if the body has no offices, then in some central and conspicuous place in the area with which it is concerned)” there were inserted “or publishing on the website of the body or, for a parish council, on the website of the principal council within the meaning of the Local Government Act 1972”;
(b)
“(9A)
In this Act, references (however expressed) to—
(a)
a meeting being “open to the public” include access to the meeting through remote means including (but not limited to) video conferencing, live webcast, and live interactive streaming and where a meeting is accessible to the public through such remote means the meeting is open to the public whether or not members of the public are able to attend the meeting in person;
(b)
being “present” at a meeting include access through remote means mentioned in paragraph (a) above.”.
14.
“(7)
In this section, references to a meeting being “open to the public” include access to the meeting through remote means including (but not limited to) video conferencing, live webcast, and live interactive streaming and where a meeting is accessible to the public through such remote means the meeting is open to the public whether or not members of the public are able to attend the meeting in person.”.
15.
“100L.
Supplemental provision on public access to meetings and documents
In this Part references (however expressed) to—
(a)
a meeting being “open to the public” include access through remote means including (but not limited to) video conferencing, live webcast, and live interactive streaming and where a meeting is accessible to the public through such remote means the meeting is open to the public whether or not members of the public are able to attend the meeting in person;
(b)
being “present” at a meeting include access through remote means mentioned in paragraph (a) above;
(c)
a document being “open to inspection” includes being published on the website of the council;
(d)
the publication, posting or making available of a document at offices of the council include publication on the website of the council.”.
16.
(1)
(2)
““open to the public” includes access through remote means including (but not limited to) video conferencing, live webcast, and live interactive streaming and where a meeting is accessible to the public through such remote means the meeting is open to the public whether or not members of the public are able to attend the meeting in person;”.
(3)
Regulation 3 (meetings of local authority executives and their committees to be held in public), has effect as if after “held in public”, there were inserted “or open to the public”.
(4)
The provisions to which this paragraph applies may be complied with by publishing that notice, agenda, report, or document on that authority’s website.
(5)
The provisions to which paragraph (4) applies are—
(a)
regulation 5(2) (procedures prior to private meetings);
(b)
regulation 5(4);
(c)
regulation 5(7);
(d)
regulation 6(1) (procedures prior to public meetings);
(e)
regulation 7(1) (access to agenda and connected reports for public meetings);
(f)
regulation 9(2) (publicity in connection with key decisions);
(g)
regulation 10(1)(b) (general exception);
(h)
regulation 10(3);
(i)
regulation 11(2) (cases of special urgency);
(j)
regulation 14(1) (inspection of documents following executive decisions); and
(k)
regulation 15 (inspection of background papers).
(6)
The following provisions are disapplied—
(a)
regulation 14(2);
(b)
regulation 21(1)(c) (inspection and supply of documents); and
(c)
regulation 21(2).
17.
(a)
publishing the record and any background papers on the authority’s website; or
(b)
by such other means that the authority considers appropriate.