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Access To Meetings And Documents Of Local Authorities And Certain Committees And Sub- Committees In Scotland

Volume 79: debated on Friday 17 May 1985

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 29, in page 12, line 10, leave out paragraph (b) and insert—

'(b) information the disclosure of which to the public is prohibited by or under any enactment other than the Data Protection Act 1984, or by the order of a court.'.

No. 95, in page 14, line 11, at end insert—

'(3A) An item of business may not be considered at a meeting of a local authority unless either—
  • (a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or
  • (b) by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. '.
  • No. 30, in page 15, line 25, leave out from 'not' to 'of in line 26 and insert

    'provide members of the public with a reasonably fair and coherent record'.

    No. 31, in page 15, line 29, leave out from beginning to end of line 30 and insert

    'the part, as the case may be, which provides such a record without disclosing the exempt information'.-[Mr. Squire.]

    I beg to move amendment No. 32, in page 17, line 43, leave out '6, 8 and 9' and insert

    '5, 7, 9 to 11 and 13 of Part I'.
    This is a simple amendment designed to cover the Scottish position concerning members' rights. It is identical to the matter discussed on amendments Nos. 11 and 12.

    Amendment agreed to.

    Amendments made: No. 33, in page 17, line 45, at end insert—

    '(2A) The Secretary of State may by order amend subsection (2) above—
  • (a) by adding to the descriptions of exempt information to which that subsection refers for the time being; or
  • (b) by removing any description of exempt information to which it refers for the time being.
  • (2B) Any statutory instrument containing an order under subsection (2A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. '.

    No. 34, in page 18, line 12, at end insert—

    '(1A) A local authority shall maintain a list—
  • (a) specifying those powers of the authority which are for the time being delegated otherwise than temporarily, to officers of the authority and exercisable accordingly from time to time during that period by these officers; and
  • (b) stating the title of the officer to whom each of these powers is for the time being so delegated;
  • and for the purposes of this subsection powers are delegated "temporarily" if they are delegated for a specified period not exceeding six months.'.

    No. 35, in page 18, line 13, leave out from beginning to end of line 19 and insert—

    '(2) There shall be kept at the offices of every local authority a written summary of the rights—
  • (a) to attend meetings of the authority and of committees and sub-committees of the authority, and
  • (b) to inspect and copy documents and to be furnished with documents,
  • which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.'.

    No. 36, in page 18, line 21, after 'above', insert

    ' the list maintained under subsection (1A) above'.

    No. 37, in page 18, line 21, leave out 'made' and insert

    No. 38, in page 18, line 34, after 'may', insert

    'subject to subsection (2A) below'.

    No. 39, in page 18, line 42, at end insert—

    '(2A) Subsection (2) above does 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 local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.
    (2B) The Data Protection Act 1984 (and, in any particular, section 26(1) of that Act) shall have effect as if the following words were added at the end of section 34(5) (persona]. data exempt from non-disclosure provisions in certain cases), namely,", or
    (d) made in the course of proceedings which, by virtue of section 50A(1) of the Local Government (Scotland) Act 1973, are open to the public at a meeting of a local authority (within the meaning of that Act) or a committee or sub-committee of a local authority in relation to which sections 50A to 50D of that Act apply by virtue of section 50E of that Act";'.

    No. 91, in page 19, line 41, at end insert—

    '(6) The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment. '.

    No. 40, in page 20, line 10, leave out from beginning to 'subject' in line 11 and insert—

    '(3) Any statutory instrument containing an order under this section shall be. '.

    No. 41, in page 21, line 4, after 'below', insert

    'other than a committee constituted under the enactment specified in paragraph (d) of that section'.

    No. 42, in page 21, line 16, leave out from beginning to end of line 17. — [Mr. Squire.]