Appendix 2 - 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. 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.
|
| Delegated 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.
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 SubCommittees, 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 |
The Local Government (Publication of Manpower
Information) (England) Regulations 1983 (Regulation
2(1))
Quarterly written statements prepared by
the Council showing the numbers of employees.
|
| Local Charities |
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.
|
| 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 |
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 andEstates
|
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 exemptt.
Next - Appendix 3 - Scheme of Public
Participation
This webpage was updated on
9/29/2010