Appendix 1 - Rights of the Public to Attend Meetings and to Inspect Documents
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Summary Of Rights Of The Public To Attend Meetings And To
Inspect And Copy Documents Under Part V(A) And Part XI Of The Local
Government Act 1972 (As Amended)
Access to Meetings
1. Meetings of the Council, the Executive, and their Committees
and Sub-Committees are open to the public.
2. The Council has provided facilities for the public who wish
to attend these meetings but has found it necessary to limit the
numbers to 68 in the case of meetings held in the Council Chamber
and to 14 and 8 in the case of meetings held in Committee Rooms 1
and 2 respectively. On those occasions when the accommodation is
insufficient for all the public wishing to attend meetings they
may, subject to the discretion of the person presiding at the
meeting, be allowed to stand to listen to the debate. This is,
however, subject to such persons behaving in an orderly manner and
to the numbers of people standing being commensurate with public
safety.
Access to Agenda and Connected Reports
3. Copies of agenda and open reports for meetings of the
Council, the Executive, and their Committees and Sub-Committees are
open for inspection by the public. These documents are available
five days before the meeting, or as soon as the meeting is
convened, or the item added to the agenda, if that is less than
five clear days. A reasonable number of copies of agenda and open
reports will be made available for the public present at a meeting.
Agenda and open reports will also be available on request for the
media.
4. The papers will also be available for inspection (subject to
any reasonable delay on account of retrieval) in the Member
Services Section at the Civic Centre, Tannery Lane, Ashford, Kent
TN23 1PL between the hours of 9.00am and 4.00pm on working weekdays
for a period of four years from the date of the meeting. The papers
are also available for inspection on the Council's website.
Enquirers should ask to speak to a member of staff in the Member
Services Section (01233) 330564.
Inspection of Minutes
5. As soon as is reasonably possible after a meeting, a copy of
the minutes or a summary of what took place in private will be
available for public inspection in the Member Services Section,
Civic Centre, Tannery Lane, Ashford, Kent TN23 1PL between the
hours of 9.00am and 4.00pm on working weekdays (01233) 330564. This
right of inspection exists for six years from the date of the
meeting but in reality requests to inspect minutes for periods in
excess of that period will not be refused.
Inspection of Background Papers
6. Members of the public may also inspect a list of the
background papers for open reports and a copy of each of the
documents included in that list at the Civic Centre. This
right is available as soon as the agenda is published and continues
for four years from the date of the meeting. Background papers
disclosing confidential or exempt information are not open for
inspection.
7. Background papers are documents which relate to the subject
matter of a report, disclose any fact or matter on which the report
is based, and have been relied on to a material extent in preparing
the report, but excludes any published work. Requests for
inspection of relevant documents should be made to the Officer in
whose name the report is prepared.
Publication of Additional Information
8. The Council maintains a register stating the name and address
of every Member of the Council and the ward s/he represents and the
name and address of every Member of the Executive, and each
Committee or Sub-Committee of the Council. The register is open to
inspection by the public in the Member Services Section, Civic
Centre, Tannery Lane, Ashford, Kent TN23 1PL between the hours of
9.00am and 4.00pm on working weekdays (01233) 330564.
9. The Council also maintains a list specifying powers delegated
to its Officers and stating the title of the Officer by whom each
of those powers is exercisable. The list is contained in Part
3 of this Constitution.
Financial Documents
10. A Member of the Council has a right to inspect its accounts
or the accounts of any Proper Officer.
11. Additionally, at each audit any person interested may
inspect the accounts to be audited and all books, deeds, contracts,
bills, vouchers and receipts relating to such accounts and make
copies.
Documents Deposited with the Council
12. Documents may be required to be deposited with an appointed
Officer either by an Act of Parliament or Statutory Instrument, or
pursuant to the Standing Orders of either Houses of Parliament. A
person interested in any such document may inspect it.
Requests should initially be made to the Member Services
Section.
Byelaws
13. A copy of any byelaws made by the Council or any of its
predecessor authorities are open to inspection by the public at its
offices and any person may purchase a copy for a maximum of 20p.
Requests to inspect or purchase copies should be made to the
Head of Legal and Democratic Services.
Fees
14. Although no payment is required for inspecting the lists of
background papers or of deposited documents a charge is payable in
accordance with the current scale of fees and charges as determined
by the Council from time to time for persons wishing to have copies
of any document subject, however, to the provision of Paragraph 13
above.
15. A person entitled to inspect documents may make their own
extracts from them free of charge.
The Local Government (Inspection of Documents) (Summary
of Rights) Order 1986
16. The Secretary of State for the Environment requires
reference to the following enactments which confer rights to attend
meetings and to inspect, copy and be furnished with documents to be
published under Statutory Instrument 1986 No. 854.
Examples of Statutory Entitlement to
Information
Please note that this list does not provide a comprehensive
summary of statutory entitlement to information.
1. Education
| Curriculum |
Education (No 2) Act 1986 (Section 17)
Statement of policy in relation to the school curriculum.
|
| Debated Budgets |
Education Reform Act (Section 42)
Schemes for delegated budgets for schools and annual statements
of the financial provisions for LEA schools.
|
| General Information |
Education Act 1980 (Section 8)
Information on policies and arrangements relating to and
secondary education in an authority's area.
Education Reform Act 1988 (Section 22)
Range of information provided by LEAs and governing bodies
on
- the curriculum of maintained schools;
- educational provision in schools;
- educational achievements of pupils generally at each
school.
|
| Government Bodies |
Education (No 2) Act 1986 (Sections 30 and
31)
Annual reports of governors of LEA maintained schools.
Education (Schools) Act 1992 (Section 16)
Provides the Secretary of State for Education with power to make
regulations requiring governors of LEA maintained schools to make
available information to assist parents in choosing schools and
increasing public awareness of the quality of education.
|
| Inspection |
Education Act 1993 (Section 209)
Reports of inspections of schools made under Section 9 of the
Education (Schools) Act 1992. (Section 210)
Statements of action to be take in the light of inspector's
report are similarly to be made available.
|
| Religious Education |
Education Act 1993 (Section 258)
Agenda and reports of standing advisory councils on religious
education.
|
2. Environmental Health
| Air Pollution |
Clean Air Act 1993 (Section 38(5))
A register of information on atmospheric pollution.
|
| Environmental Information |
Environmental Information Regulations 1992
Environmental information held by a Council.
|
| Food Premises |
Food Premises (Registration) Regulations
1991
A list of addresses and types of food premises (for example,
food manufacturers, restaurants, cafes, certain types of food
shops) which are subject to inspection and control in the interests
of food hygiene and public safety.
|
| Hazardous Substances |
Hazardous Substances Act 1990 (Section 28)
A register of applications for hazardous substances consent made
to the Council.
|
| Health and Safety |
The Environment and Safety Information Act
1988
A register containing information about legal notices which have
been served by the Council to improve or stop some activity in the
interest of public safety.
|
| Litter |
Environmental Protection Act 1990 (Section
95)
A register of all land designated as Litter Control Areas, which
also contains copies of Street Litter Control notices which have
been issued by the Council.
|
| Noise Levels |
Control of Pollution Act 1974 (Section 64)
A register containing details of noise levels recorded in Noise
Abatement Zones.
|
| Pollution |
Environmental Protection Act 1990 (Section 20)
A register containing applications to authorise certain types of
industrial processes which cause pollution.
|
| Private Water Supplies |
Private Water Supplies Regulations 1991
A register containing details of private water supplies within
the authority's area, including the results of all water samples
taken.
|
| Radioactive Substances |
Radioactive Substances Act 1993
A register containing copies of documents relating to the
keeping, use, accumulation and disposal of radioactive materials.
The documents include applications and certificates of registration
issued by the Chief Inspector appointed under the Act.
|
| Waste Management |
Environmental Protection Act 1990 (Section
65)
A register of licences granted, applications for licences and
related information.
|
3. Finance
| Accounts of
Officers |
Local Government Finance Act 1992 (Section
25)
Officers accounts which are required to be audited bythe
Council's auditor.
|
| Audit |
Local Government Finance Act 1982 (Section 17 and
Section 24)
The annual report and statement of accounts set out the
financial aspects of the Council's activities during the financial
year (1 April to 31 March) in terms of income and expenditure
across the whole range of the authority's work. The auditor's
report contains comments on the accounts and the Council's
financial procedures, and can include suggestions for changes in
procedure.
Statements of Accounts prepared by the authority and reports by
the auditor to the authority are available for inspection at any
time by local government electors within the authority's area.
Also, any elector or any other person with a proven financial or
legal interest may inspect the authority's accounts and all books,
deeds, contracts, bills, vouchers and receipts relating to the
accounts for a period of 15 working days during the course of the
annual audit of the authority's accounts.
|
| Council Tax Register |
Local Government Finance Act 1992
A register listing all domestic dwellings within the authority's
area which are subject to assessment for the purposes of the
Council Tax.
|
| Local Rating List |
Local Government Finance Act 1988
A list provided by the Inland Revenue which contains information
about the rating assessment levels for all non-domestic properties
within the authority's area. The information includes the
assessment number, a description of the property, its address and
the rateable value.
|
| Members’ Allowances |
The Local Authority (Members' Allowances)
Regulations 1991
Records of payments made to elected Members are open to
inspection by local government electors for the area. Additionally,
the authority must publish within its own area details of the total
sums paid under the scheme.
|
4. Highways
| Inquiries
Procedure |
Highways (Inquiries Procedure) Rules 1976
(Rules 10(3) and (4))
The authority's statement and supporting document which will be
referred to in inquiries relating to the construction and
improvement of trunk, special and side roads and associated
works.
|
| Maintenance of Streets |
The Highways Act 1980 (Section 36(7))
The list of streets in the area which are highways maintainable
at the public expense.
(Section 37(5))
Certificates of acceptance of private highways ‘dedicated’ to a
local authority, and orders made by the Magistrates' Court having
similar effect.
The New Roads and Street Works Act 1991 (Section
53)
The register of street works executed or proposed to be executed
in streets in the area.
|
| Noise Insulation |
Noise Insulation Regulation 1975 (Regulation
6(3))
A list which identifies every building eligible for a noise
insulation grant, and every building on which insulation works will
be carried out by the highways authority.
|
| Permanent Traffic Orders |
Road Traffic Regulations Act 1984
Orders dealing with traffic restrictions, parking etc.
|
| Transport Systems |
The Transport and Works Act 1992 (Section
14)
Documents deposited with the Council by the Secretary of State
relating to orders made for the construction or operation of a
transport system in the local authority's area.
|
5. Housing
| Benefits |
The Social Security Contributions and Benefits
Act 1992 (Section 123)
Prescribed homes related benefit schemes.
|
| Consultation |
Housing Act 1985 (Section 105)
Details of the Council's arrangements for provision of
information to, and consultation with, its tenants about the
Council's housing activities.
Housing Act 1985 (Section 105(6))
Information supplied by local housing associations about their
consultation arrangements with tenants.
|
| Fit Premises |
Housing Act 1985 (Section 352)
A register containing information about schedules of work which
landlords need to carry out to domestic properties to bring than up
to an acceptable standard for occupation.
|
| Lettings, Transfers and Exchanges |
The Housing Act 1985 (Section 106(2))
The rules of a local authority for determining priority between
applicants for housing and the rules for the transfer of
tenants.
(Section 106(3))
The rules of a local authority in relation to dwelling houses
let under secure tenancies.
(Section 106(4))
The summary of published information on housing allocation and
the set of rules referred to above.
(Section 106(5))
The particulars that applicants for local authority housing have
given themselves and which the authority has recorded as relevant
to their application for accommodation.
|
| Lodgings |
Housing Act 1985 (Section 403)
A register containing details about common lodging houses,
including the permitted number of occupiers.
|
| Multiple Occupation |
Housing Act 1985 (Section 349)
A register containing information about domestic premises which
are in multiple occupation, including those with poor sanitary
conditions.
|
| Personal Files |
The Access to Personal Files Act 1987; -Access
to Personal Files (Housing) Regulations 1989
Personal information held by an authority in connection with its
housing functions.
|
6. Miscellaneous
|
Amusements with Prizes Machines
|
Gaming Act 1968 (Section 34)
Information about licences for fruit machines (known as Section
34 Permits) is available to the public (fruit machines in public
houses, restaurants or clubs which are licensed by the Magistrates
or the Gaming Board are not included).
|
| Annual Report |
Local Government, Planning and Land Act 1980 (Section
2)
The authority's annual report and financial statement.
|
| Byelaws |
Local Government Act 1972 (Section 236)
Copies of byelaws made by the Council on a variety of subjects
in the fields of public order and public health.
|
|
Committee Minutes and Reports etc
|
Local Government Act 1972 (as amended by the Local
Government Act 2000)
(Section 100B))
Allows access to agendas and connected reports of The Council,
the Executive, Committees and Sub- Committees, and requires five
clear days open for inspection (except for reports not to be
discussed in public).
(Section 100(C))
The minutes or a summary of what took place in private session
from the date of the meeting (the right continues for six
years).
(Section 100(D))
A list of background papers for any report and a copy of any
document listed.
|
| Constitution |
Local Government Act 2000
The Council’s Constitution
|
| Delegated Powers |
Local Government Act 1972 (Section 100)
Local authority functions may be delegated from the Executive,
the Council and any of its Committees and Sub-Committees to council
Officers. Where such powers are delegated for a period of more than
six months, they are recorded in a register.
|
| Elections |
The Representation of the People Act 1983
(Section 9)
A register of persons who are eligible to vote in elections.
(Section 89(i))
Returns or declarations and accompanying documents relating to
election expenses sent by a candidate of a parliamentary or local
government election to the council.
Local Government Act 1972 (Section 60(2)(c),
60(4)(b) and 60(5)(b))
Draft proposals, recommendations, modifications or decisions
containing changes in electoral arrangements made by the Local
Government Commission are available for inspection.
|
| Employees |
Charities Act 1993 (Section 76)
An index containing such information as the names of the
trustees, the purpose of the charity and the accounts of the
charity.
|
| Local Charities |
Private Water Supplies Regulations 1991
A register containing details of private water supplies within
the authority's area, including the results of all water samples
taken.
|
| Ombudsman Reports |
Local Government Act 1974 (Section 30(4))
Reports of investigations of maladministration by the Ombudsman
(available for public inspection for a period of three weeks
following notice to that effect in a local newspaper).
|
| Pecuniary Interests |
Pecuniary Interests Local Authority - Members
Interests
A register setting out the information which Members give on
their interests.
|
| Reservoirs |
The Reservoirs Act 1975 (Section 2(2))
The register of large, raised reservoirs in the local
authority's area.
|
| Standards of Performance |
Local Government Act 1992 (Section 1)
A set of indicators for local authority services determined by
the Audit Commission, against which authorities have to measure
their performance and publish the results.
Local Government Act 1992 (Section 7)
Information published by the Audit Commission in respect of
contraventions of the directions made under Section 1.
|
| Taxis |
Town Police Clauses Act 1847
A register containing information about the owners and drivers
of taxis, and the period of the licences granted.
Local Government (Miscellaneous Provisions) Act 1976
(Section 51)
A register containing information about the drivers of private
hire vehicles (these vehicles differ from taxis (hackney carriages)
in that they may not ply for hire but must be pre-booked).
|
| Tenders |
Local Government Act 1992 (Section 10)
The specification of any work tendered by the Council is
available for inspection throughout the period during which the
work is carried out.
|
| Young Offenders |
The Criminal Justice Act 1982 (Section
21(1))
Any scheme which specifies arrangements for the activities of
young offenders by the imposition of a supervision order and
requirements that may be included in that order.
|
7. Planning & Estates
|
Advertisements |
Town and Country Planning (Control of Advertisements)
Regulations 1992
A register of applications for consent to display advertisements
and the decisions of the authority.
|
| Allotments |
Allotments Act 1908 (Section 28)
A document setting out the rules and conditions relating to the
letting of statutory allotments
|
| Buildings of Special Architectural and
Historic Interest |
Planning (Listed Buildings and Conservation Areas) Act
1990 (Section 2)
A list of buildings within the authority's area which have been
classified as being of special architectural or historic
interest.
|
| Common Land |
The Commons Registration Act 1965 (Section 3(1) and
3(2))
A register containing details of all common land, town and
village greens and ownership rights over them.
|
| Compulsory Purchase |
Compulsory Purchase by Non Ministerial Acquiring
Authorities (Inquiry Procedure) Rules 1990
Where the Council has made a Compulsory Purchase Order in
relation to any particular piece of land, the Order and statement
of case supporting it is available for public inspection for three
months from the date the Order is made.
The Compulsory Purchase by Public Authorities (Inquiries
Procedure) Rules 1976 (Rules 4(6) and (7))
The statements of the local authority in respect of the purchase
of land and the documents which the authority intends to refer to
in evidence at the inquiry.
|
| Conservation Areas |
Planning (Listed Buildings and Conservation Areas) Act
1990
A map and street gazetteer showing which properties are within
conservation areas.
|
| Construction/Maintenance |
The Local Government Planning and Land Act 1980 (Section
18(3))
The authority's annual report on construction or maintenance
work.
|
| Enterprise Zones |
Paragraph 3(5) of Schedule 32
The enterprise zone planning scheme.
|
| Footpaths and Bridleways |
The Wildlife and Countryside Act 1981
(Section 57(5))
The definitive maps and statements showing public rights of way
along footpaths, bridleways and public paths.
(Paragraphs 3(8)(a) of Schedule 15)
Documents which the authority took into account in preparing an
order to modify the definitive map after the publication of the
modification notice and before the expiration of the period
specified in the notice.
|
| Generating Stations/Overhead Lines |
The Electricity Generating Stations and Overhead Lines
(Inquiry Procedures) Rules 1987 (Rule 5(4))
Pre-inquiry statements and supporting documents in connection
with an application by the Electricity Board for consent to
construct or extend a generating station, or consent to close
certain overhead electric lines.
|
| Hazardous Substances |
The Planning (Hazardous Substances) Act 1990 (Section
28)
A register containing information about planning applications
for premises which are used for the storage and processing of
hazardous substances.
|
| Land Charges |
Local Land Charges Act 1975
A register containing entries relating to property within the
authority's area as required by the Land Charges Act 1975.
|
| Land Holdings |
Local Government (Publication of Information about
Unused and Underused Land) (England) Regulations 1992
A register containing details of all land held by the Council
which is either not being used at all or is. not being used for the
purpose for which it was originally acquired.
|
| Local Plans |
The Town and Country Planning (Structure and Local
Plans) Regulations 1982
(Regulation 4 (applicable to Councils outside Greater
London))
Plans or other documents which have been made public by the
authority when preparing a structure or local plan.
(Regulation 36)
Any associated documents referred to in a notice given or served
under the Regulations.
(Regulation 37)
Copies of the structure or local plan once operative.
(Regulation 38)
Copy of the structure or local plan and any other document which
has been available for inspection during the preparation of the
plan.
(Regulation 39)
A register containing brief details of any structure or local
plan which has been made available for public inspection, any
action taken in connection with any such plan, the date on which
the plan became operative and proposals for the alteration, repeal
or replacement of any structure or local plan and any action taken
in connection with the proposals.
The Town and Country Planning (Local Plans for Greater
London) Regulations 1983: (Regulation 4, 22, 23, 24 and
25(4))
Similar rights to those outlined in the Town and Country
Planning (Structure and Local Plans) Regulations 1982 in relation
to local plans prepared by London Borough Councils and the City of
London only.
The Planning and Compensation Act 1991 (Section
40(2))
The local plan or proposal for its alteration for a limited
period prior to its final determination.
|
| Planning Permission |
Town and Country Planning Act 1990 (Section
69(5))
A register containing planning applications and their
results.
Town and County Planning Act 1990 (Section 188)
(3)
A register of enforcement notices (served where there is a
breach of planning control) and stop notices (served to prohibit
any activity complained of in an enforcement notice).
The Town and Country Planning (Inquiry Procedure) Rules
1974 as amended by die Town and Country Planning Appeal
(Determination by Appointed Persons) (inquiries Procedures) Rules
1974: (Rule 7(3) and (4))
The authority's inquiry statement by the applicants and parties
objecting to the application.
The Town and Country Planning (Enforcement) (Inquiries
Procedures) Rules 1981: (Rule 6(2), (3) and (4))
Documents which the Council intends to refer to or put in
evidence at an inquiry held for the purpose of appeals against
enforcement notices, listed building enforcement notice and appeals
in respect of applications for established use certificates.
|
| Trees |
Town and Country Planning (Tree Preservation
Order)Regulations 1969
A register containing information about and copies of Orders
made by the Council to protect trees within the authority's
area.
Town and Country Planning Act 1990 (Section
198)
A register containing applications for consent to works under
tree preservation orders and the decisions on such
applications.
Town and Country Planning Act 1990 (Section
214)
A register containing details of notifications by persons
intending to carry out acts affecting trees in conservation areas
and the subsequent decisions of the Council.
|
8. Social Services
| Childcare
Services |
Children’s Act 1989
(Schedule 2, Part 1)
Information about an authority's own services and those of other
organisations (including day care and child minding services;
residential care and services to children with disabilities).
(Section 19(6))
Outcomes of reviews of the provision of day care and
child-minding services, together with any proposals.
(Section 71)
A register of child-minders in the authority's area.
(Section 26(8))
Complaints procedures in relation to the provisions of the
Act.
Children Act 1989: Guidance and Regulations
1991
Guidance to social services departments on the general duty
under the Act to provide information to parents and children on
services available.
|
| Community Care |
National Health Service and Community Care Act 1990:
(Section 46(1))
Annual community care plans. Complaints Procedures
Authorities were required to establish complaints procedures in
relation to community care by April 1991 and to publicise their
contents widely. Details must be made available to residents of
residential homes in all sectors
|
| Sick and Disabled Persons |
Chronically Sick and Disabled Persons Act
1970
Information about services of social services departments
published "from time to time".
Disabled Persons (Services, Consultation and
Representation) Act 1986
Information for disabled persons about other services provided
by the authority or other organisations which are relevant to their
needs.
|
Exempted Information
It is important that the public have realistic expectations
about the access to information policy adopted by the Council.
Information may have to be withheld for good reasons and the basis
on which it may be withheld is stated in the Access to Information
Procedure Rules as contained in Part 4 of this Constitution.
The Local Government Association has examined the approach taken
by Central Government towards exemptions in its own Code of
Practice, but considered that those provisions would not be
appropriate if applied to local government. On this basis the
Council applies the categories of exempt information set out in
Schedule 12A to the Local Government Act 1972 (as amended) to
requests for information that fall outside the scope of the Act (at
present, the Act only relates to agendas, reports and background
papers).
However, in applying these exempt categories the Council
attempts to limit the occasions on which they are used to the
minimum (see Section 10.4 of the Access to Information Procedure
Rules as contained in Part 4 of this Constitution).
Freedom Of Information Act 2000
General Entitlement to Information
There is a general right of access to all recorded information
held by public authorities which applies to any written request for
information whether it mentions Freedom of Information or not. It
is the duty of a public authority to provide advice and assistance
to those seeking information. Information which is already required
to be made available must continue to be made available.
Specific Provisions
The authority has 20 days to respond to a written request for
information and a fee may be charged for this. The authority has
produced a Publication Scheme which is a guide to information the
authority publishes or intends to publish. Information accessible
through the publication scheme is exempt, since it is already
publicly available.
Exemptions
There are 23 exemptions listed in FOI 2000 of which the
following 8 are absolute, meaning that any information in these
categories is automatically exempt:
- National security
- Defence
- Public security
- The prevention, investigation, detection and prosecution of
criminal offences or of breaches of the ethics for regulated
professions
- An important economic or financial interest of a member state
or of the European Union, including monetary, budgetary and
taxation matters
- The protection of the data subject or of the rights and freedom
of others
A public interest test must be applied to the remainder of these
exemptions – information must be released if the public interest is
greater in disclosing than not disclosing. Information covered by
other access to information acts eg Data Protection or
Environmental Information is also exempt.
Next - Appendix 2 - Scheme of Public
Participation
This webpage was updated on 6/9/2008