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GLOSSARY

Background papers definition

Published by a LexisNexis Local Government expert

What does Background papers mean?

Documents relating to reports subject to public inspection under Part VA of the Local Government Act 1972 which in the opinion of the proper officer disclose facts or matters on which the report or an important part of it is based and which have been relied on to a material extent in the preparation of the report (see section 100D(5) of the 1972 Act).

Reports open to public inspection under Part VA must contain a list of background papers and at least one copy of each of the documents on the list must also be open to public inspection for four years from the relevant meeting. These obligations are subject to savings for exempt and confidential information (section 100D(4)).

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Meetings—executive decision-making process

This Practice Note explains the three basic models of governance for local authorities. It covers the distinction between decisions which are executive and non-executive or council decisions. It also covers the strict requirements about the convening of meetings and the notice that must be given, and discusses rules relating to the agenda, minutes and executive meetings.Executive and non-executive decision makingThere are three basic models of governance for local authorities:•the Executive Leader and Cabinet Model:◦the Council, comprising all councillors, elects an Executive Leader, who appoints a maximum of nine other councillors as members of the Executive (or ‘Cabinet’)◦each Cabinet Member has a specific area of responsibility◦the Executive Leader is elected by full council for a term determined by the council, or on a four yearly basis◦certain ‘non-executive’ functions are reserved to Council by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, SI 2000/2853. These can largely be delegated to committees and to officers◦under the provisions of the Local Government Act 2000, all other functions of the authority fall to the...

Meetings checklist—access to information

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see Practice Notes: Local authority meetings during the coronavirus (COVID-19) pandemic [Archived] and Coronavirus (COVID-19)—governance tracker [Archived].Elements of accessibilityThe following table sets out the position in a typical authority. Some authorities grant additional rights to councillors and members of the public.CouncilCommittees and sub-committeesOfficers’ non-executive decisionsCabinet (key and non-key decisions)Individual executive members (key and non-key decisions)Officers’ key executive decisionsOfficers’ non-key executive decisions1Public identification of the body or person responsible for taking the decisionYes — statute and constitution Yes — statute and constitution (terms of reference), and council minutes for ad-hoc delegations to committees and sub-committeesYes — scheme of delegations and minutes for ad-hoc delegationsYes — statute and constitutionYes — statute and constitution (scheme of delegation to cabinet members) Yes — scheme of delegations and cabinet minutes for ad-hoc delegationsYes — scheme of delegations and cabinet minutes for ad-hoc delegations2Public availability of the decision-making...

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