Section 100D: Inspection and publication of background papers., Local Government Act 1972

Subject, in the case of section 100C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a principal council are required by section 100B(1) or 100C(1) above to be open to inspection by members of the public , or are required by section 100BA(1) or 100C(1A) to be published electronically —

those copies shall each include a copy of a list, compiled by the proper officer, of the background papers for the report or the part of the report, ...

in relation to a principal council in England, at least one copy of each of the documents included in that list shall also be open to inspection at the offices of the council., and

in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.

In relation to a principal council in England, Subsection (1) above does not require a copy . . . of any document included in the list, to be open to inspection after the expiration of the period of four years beginning with the date of the meeting.

In relation to a principal council in Wales, copies of documents included in the list must—

where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and

where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.

Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

Nothing in this section—

requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

without prejudice to the generality of subsection (2) of section 100A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public or published electronically , would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

Section 100D: Inspection and publication of background papers.

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