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Consequential Amendments And Repeals

Volume 79: debated on Friday 17 May 1985

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  • '(1) The enactments mentioned in Schedule (Consequential amendments) to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act.
  • (2) The enactments mentioned in Schedule (Repeals) to this Act are hereby repealed to the extent specified in the thud column of that Schedule.'. — [Mr. Squire]
  • Brought up, and read the First time

    9.37 am

    I beg to move, that the clause be read a Second time.

    No. 42, in clause 2, page 21, line 16, leave out from beginning to end of line 17.

    No. 44, in clause 4, page 21, line 24, at beginning insert

    'Except for this section and section (Consequential amendments and repeals) in so far as it relates to paragraph 2 of Schedule (Consequential amendments)'.

    No. 47, new schedule — Consequential amendments — 'Defamation Act 1952 (c. 66)

    1. —(1) The Schedule to the Defamation Act 1952 (by virtue of which, among other things, newspaper reports of all proceedings at meetings of local authorities and their committees are privileged unless admission to the meetings is denied to representatives of newspapers and other members of the public) shall be amended as follows.

    (2) At the beginning of paragraph 13 (interpretation) there shall be inserted "(1)" and for the definition of "local authority" in that paragraph there shall be substituted the following "'local authority' means —

  • (a) any principal council, within the meaning of the Local Government Act 1972, any body falling within any paragraph of section 10011(1) of that Act and any local authority, within the meaning of the Local Government (Scotland) Act1973;
  • (b) any authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies; and
  • (c) any authority or body to which sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 apply;
  • and any reference to a committee of a local authority shall be construed in accordance with sub-paragraph (2) below."

    (3)After paragraph 13(1) there shall be added the following sub-paragraph—

    "(2) Any reference in this Schedule to a committee of a local authority includes a reference—

  • (a) to any committee or sub-committee in relation to which sections 100A to 100D of the Local Government Act 1972 apply by virtue of section 100E of that Act (whether or not also by virtue of section 100II of that Act); and
  • (b) to any committee or sub-committee in relation to which sections 50A to 50D of the Local Government (Scotland) Act 1973 apply by virtue of section 50E of that Act."
  • Defamation Act(Northern Ireland) 1955 (c.11, N.,1.)

    2. —(1) The Schedule to the Defamation Act (Northern Ireland) 1955 (which makes similar provision to the Schedule to the Defamation Act 1952)shall be amended as follows.

    (2) At the beginning of paragraph 13(interpretation) there shall be inserted "(1)" and for the definition of "local authority" in that paragraph there shall be substituted the following —

    "'local authority' means —

  • (a) any authority or body to which sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 apply;
  • (b) any principal council, within the meaning of the Local Government Act 1972, any body falling within any paragraph of section 100II(1) of that Act and any local authority, within the meaning of the Local Government (Scotland) Act 1973;
  • (c.) any authority or body to which the Public Bodies (Admission to Meetings) Act 1960 applies;
  • and any reference to a committee of a local authority shall be construed in accordance with sub-paragraph (2) below."

    (3) After paragraph 13(1) there shall be added the following sub-paragraph—

    "(2) Any reference in this Schedule to a committee of a local authority includes a reference—

  • (a) to any committee or sub-committee in relation to which sections 100A to 100D of the Local Government Act 1972 apply by virtue of section 100E of that Act(whether or not also by virtue of section 100II of that Act);and
  • (b) to any committee or sub-committee in relation to which sections 50A to 50D of the Local Government (Scotland) Act1973 apply by virtue of section 50E of that Act."
  • Public Bodies (Admission to Meetings) Act 1960(c.67)

    3. —(1) The Public Bodies (Admission to Meetings) Act 1960 shall be amended as follows.

    (2)In section 1(1), the words "local authority or other" shall be omitted and for the words "an authority or other body" there shall be substituted the words "a body".

    (3) Section 2(2) shall be omitted.

    (4) In the Schedule (which defines the bodies to which the Act applies) for paragraph 1 (a) there shall be substituted the following paragraph—

  • "(a) parish or community councils, the Council of the Isles of Scilly and joint boards or joint committees which discharge functions of any of those bodies (or of any of those bodies and of a principal council, within the meaning of the Local Government Act 1972, or a body falling within paragraph (a), (b) or (c) of section 100II(1) of that Act)".
  • (5) In paragraph I of the Schedule, paragraphs (aa) and (ab) (as inserted by the Local Government Act 1985) and (d) shall be omitted.

    (6) In paragraph1 (h) of the Schedule, for the words "police authorities" there shall be substituted the words "bodies to which sections 100A to 100D of the Local Government Act 1972 apply, whether or not by virtue of section 100E or 100II of that Act".

    (7) In paragraph 2 of the Schedule, paragraphs (a), (b), (c) and (f) shall be omitted.

    Police Act 1964 (c. 48)

    4. In section 3 of the Police Act 1964 (police authorities for combined areas) after subsection (3) there shall be inserted the following subsection —

    "(3A) Meetings of a combined police authority which is (as well as one which is not) a body corporate are open to the public, and documents relating to such meetings are open to inspection by the public, in accordance with the provisions of Part VA of the Local Government Act 1972."

    Local Government Act 1972 (c. 70)

    (5) In section 100 of the Local Government Act 1972 (which applies the Public Bodies (Admission to Meetings) Act 1960 in relation to all committees of local authorities)—

  • (a) in subsection (2), the words from "to any committee constituted" to "101(9) below and" shall be omitted; and
  • (b) at the end of that subsection there shall be added the words "or section 100E(3)(a) or (b) below (whether or not by virtue of section 100II below)".
  • Local Government Finance Act 1982 (c. 32)

    6. In section 18 of the Local Government Finance Act 1982, in subsection (5)(auditor's report to be supplied to members and

    newspapers) after the word "excluded" there shall be inserted "(a)" and at the end of that subsection there shall be added the following words, that is to say, "or under section 100B(6) of the 1972 Act (which makes similar provision); or

    (b) from the documents open to inspection by members of the public under section 100B(1) of the 1972 Act (agenda and reports open to the public before a meeting);

    and Part VA of the 1972 Act shall have effect in relation to the report as if in section 100C(1) (d) of that Act (by virtue of which only so much of a report as relates to proceedings open to the public is open to public inspection after the meeting) the words 'so much of' and from 'as relates' onwards were omitted.

    (6) In subsection (5)above, 'the 1972 Act' means the Local Government Act 1972.".'.

    No. 48, new schedules— Repeals

    Chapter

    Short title

    Extent of repeal

    8 & 9 Eliz. 2 c. 67.Public bodies (Admission to Meetings) Act 1960In section 1(1), the words, "local authority or other". Section 2(2). In the Schedule, paragraph 1(aa),(ab) and (d) and paragraph 2(a), (b),(c) and (f).
    1972 c.70.Local Government Act 1972.In Section 100(2)the words from "to any committee constituted" to "101(9) below and".
    1973 c. 65.Local Government(Scotland) Act 1973.Section 44.'.

    It may be somewhat strange that the first group of amendments that we tackle consists exclusively of consequential amendments arising from other amendments. That may need explaining to people outside the House, but the tell-tale clue is the magic words "new clause 3", which enables various repeals to take place.

    It may be for the general benefit of the House if I cite but one example rather than stumble at considerable length through all my notes. The Defamation Act 1952 currently provides that newspaper reports of proceedings at meetings of local authorities and their committees are privileged unless access to the meeting is denied to representatives of the press and members of the public. As a direct result of various clauses in the Bill, the 1952 Act will be extended so that there will be qualified privilege for newspaper reports of all proceedings of sub-committee meetings of local authorities as well as meetings of the local authority and its committees, in exactly the same circumstances as before.

    That is but an example of the effects of the amendments. I shall go into greater detail only if so requested by hon. Members.

    Question put and agreed to.

    Clause read a Second time, and added to the Bill.