The Openness of Local Government Bodies Regulations 2014 was “made” on the 5th August 2014 and came into effect on the 6th August 2014.

A Statutory Instrument is ‘made’ when signed by a minister (or person with authority under the Act); in other words the instrument is not in draft form.

 

Standing Orders and filming and recording

No council standing orders can override legislation and the press and public can only be excluded from council, committee and sub committee meetings after a specific legal process has been followed.

  • This includes excluding the press and public without the matter being on the agenda
  • Councils cannot require those wishing to film or record meetings to seek permission from the Council before filming and recording
  • There is no legal requirement to notify a Council that you are filming
  • Councils cannot seek to control what you do with any recording
  • Council meetings are public meetings there is no legal requirement for those filming or recording to seek the consent of any of those attending the meeting or abide by their wishes or desire not to be filmed

 

Police Powers

The police have no powers to prevent or require the public and press to have a permit to film in public places.

The Public Order Act 1936, and in relation to which, the Criminal Justice Act 1972, states...

33 Extension of definition of “public place” in Public Order Act 1936.

For the definition of “public place” in section 9(1) of the M1 Public Order Act 1936 there shall be substituted—

“Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.

As council meetings are public meetings to which the press and public are formally invited they are “public places” for the duration of the meeting so no permission is required to film or record.

 

Legislation Summary

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