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SCHEDULES

SCHEDULE 1E+W+S+N.I. Qualified privilege

Annotations:

Modifications etc. (not altering text)

C1Sch. 1 extended (1.12.1998) by 1998 c. 38, s. 77(4)(a) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

Part IIE+W+S+N.I. Statements privileged subject to explanation or contradiction

9(1)A fair and accurate copy of or extract from a notice or other matter issued for the information of the public by or on behalf of—E+W+S+N.I.

(a)a legislature in any member State or the European Parliament;

(b)the government of any member State, or any authority performing governmental functions in any member State or part of a member State, or the European Commission;

(c)an international organisation or international conference.

(2)In this paragraph “governmental functions” includes police functions.

10A fair and accurate copy of or extract from a document made available by a court in any member State or the European Court of Justice (or any court attached to that court), or by a judge or officer of any such court.E+W+S+N.I.

11(1)A fair and accurate report of proceedings at any public meeting or sitting in the United Kingdom of—E+W+S+N.I.

(a)a local authority [F1, local authority committee or in the case of a local authority which are operating executive arrangements the executive of that authority or a committee of that executive];

(b)a justice or justices of the peace acting otherwise than as a court exercising judicial authority;

(c)a commission, tribunal, committee or person appointed for the purposes of any inquiry by any statutory provision, by Her Majesty or by a Minister of the Crown [F2a member of the Scottish Executive]or a Northern Ireland Department;

(d)a person appointed by a local authority to hold a local inquiry in pursuance of any statutory provision;

(e)any other tribunal, board, committee or body constituted by or under, and exercising functions under, any statutory provision.

[F3(1A)In the case of a local authority which are operating executive arrangements, a fair and accurate record of any decision made by any member of the executive where that record is required to be made and available for public inspection by virtue of section 22 of the Local Government Act 2000 or of any provision in regulations made under that section.]

(2)[F4In sub-paragraphs (1)(a) and (1A)—

(3)A fair and accurate report of any corresponding proceedings in any of the Channel Islands or the Isle of Man or in another member State.

Annotations:

Extent Information

E1This version of this provision extends to Wales, Scotland and Northern Ireland only; a separate version has been created for England only

Amendments (Textual)

F1Words in Sch. 1 para. 11(1)(a) substituted (W.) (1.4.2002) by S.I. 2002/808, art. 30(a)

F2Words in Sch. 1 para. 11(1)(c) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8, para. 33(3)(with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

F3Sch. 1 para. 11(1A) inserted (W.) (1.4.2002) by S.I. 2002/808, art. 30(b)

F4Words in Sch. 1 para. 11(2) inserted (W.) (1.4.2002) by S.I. 2002/808, art. 30(c)

Modifications etc. (not altering text)

Marginal Citations

11(1)A fair and accurate report of proceedings at any public meeting or sitting in the United Kingdom of—E

(a)a local authority [F5or local authority committee];

[F6(aa)in the case of a local authority which are operating executive arrangements, the executive of that authority or a committee of that executive;]

(b)a justice or justices of the peace acting otherwise than as a court exercising judicial authority;

(c)a commission, tribunal, committee or person appointed for the purposes of any inquiry by any statutory provision, by Her Majesty or by a Minister of the Crown [F7a member of the Scottish Executive]or a Northern Ireland Department;

(d)a person appointed by a local authority to hold a local inquiry in pursuance of any statutory provision;

(e)any other tribunal, board, committee or body constituted by or under, and exercising functions under, any statutory provision.

[F8(1A)In the case of a local authority which are operating executive arrangements, a fair and accurate record of any decision made by any member of the executive where that record is required to be made and available for public inspection by virtue of section 22 of the Local Government Act 2000 or of any provision in regulations made under that section.]

(2)[F9In sub-paragraphs (1)(a) [F10, (1)(aa)] and (1A)—

F11. . .]

[F12(2A)In sub-paragraphs (1) and (1A)—

“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.]

(3)A fair and accurate report of any corresponding proceedings in any of the Channel Islands or the Isle of Man or in another member State.

Annotations:

Extent Information

E2This version of this provision extends to England only; a separate version has been created for Wales, Scotland and Northern Ireland only

Amendments (Textual)

F5Words in Sch. 1 para. 11(1)(a) substituted (6.5.2002) by S.I. 2002/1057, art. 12(a)

F7Words in Sch. 1 para. 11(1)(c) inserted (6.5.1999) by 1998 c. 46, s. 125, Sch. 8, para. 33(3)(with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 3

F8Sch. 1 para. 11(1A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 31(b)

F9Words in Sch. 1 para. 11(2) substituted (E.) (11.7.2001) by S.I. 2001/2237, art. 31(c)

F10Words in Sch. 1 para. 11(2) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 12(c)(i)

F11Definitions in Sch. 1 para. 11(2) omitted (E.) (6.5.2002) by virtue of S.I. 2002/1057, art. 12(c)(ii)

F12Sch. 1 para. 11(2A) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 12(d)

Modifications etc. (not altering text)

Marginal Citations

12(1)A fair and accurate report of proceedings at any public meeting held in a member State.E+W+S+N.I.

(2)In this paragraph a “public meeting” means a meeting bona fide and lawfully held for a lawful purpose and for the furtherance or discussion of a matter of public concern, whether admission to the meeting is general or restricted.

13(1)A fair and accurate report of proceedings at a general meeting of a UK public company.E+W+S+N.I.

(2)A fair and accurate copy of or extract from any document circulated to members of a UK public company—

(a)by or with the authority of the board of directors of the company,

(b)by the auditors of the company, or

(c)by any member of the company in pursuance of a right conferred by any statutory provision.

(3)A fair and accurate copy of or extract from any document circulated to members of a UK public company which relates to the appointment, resignation, retirement or dismissal of directors of the company.

(4)In this paragraph “UK public company” means—

(a)a public company within the meaning of section 1(3) of the M5Companies Act 1985 or Article 12(3) of the M6Companies (Northern Ireland) Order 1986, or

(b)a body corporate incorporated by or registered under any other statutory provision, or by Royal Charter, or formed in pursuance of letters patent.

(5)A fair and accurate report of proceedings at any corresponding meeting of, or copy of or extract from any corresponding document circulated to members of, a public company formed under the law of any of the Channel Islands or the Isle of Man or of another member State.

Annotations:

Marginal Citations

14A fair and accurate report of any finding or decision of any of the following descriptions of association, formed in the United Kingdom or another member State, or of any committee or governing body of such an association—E+W+S+N.I.

(a)an association formed for the purpose of promoting or encouraging the exercise of or interest in any art, science, religion or learning, and empowered by its constitution to exercise control over or adjudicate on matters of interest or concern to the association, or the actions or conduct of any person subject to such control or adjudication;

(b)an association formed for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession, or of the persons carrying on or engaged in any trade, business, industry or profession, and empowered by its constitution to exercise control over or adjudicate upon matters connected with that trade, business, industry or profession, or the actions or conduct of those persons;

(c)an association formed for the purpose of promoting or safeguarding the interests of a game, sport or pastime to the playing or exercise of which members of the public are invited or admitted, and empowered by its constitution to exercise control over or adjudicate upon persons connected with or taking part in the game, sport or pastime;

(d)an association formed for the purpose of promoting charitable objects or other objects beneficial to the community and empowered by its constitution to exercise control over or to adjudicate on matters of interest or concern to the association, or the actions or conduct of any person subject to such control or adjudication.

15(1)A fair and accurate report of, or copy of or extract from, any adjudication, report, statement or notice issued by a body, officer or other person designated for the purposes of this paragraph—E+W+S+N.I.

(a)for England and Wales or Northern Ireland, by order of the Lord Chancellor, and

(b)for Scotland, by order of the Secretary of State.

(2)An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.