The Local Government (Access to Information) (Variation) Order 2006

JurisdictionUK Non-devolved
CitationSI 2006/88

2006 No. 88

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Access to Information) (Variation) Order 2006

Made 18th January 2006

Laid before Parliament 26th January 2006

Coming into force 1st March 2006

The Secretary of State, in exercise of the powers conferred upon him by sections 100F(3), 100I(2) and 254 of the Local Government Act 19721, hereby makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Access to Information) (Variation) Order 2006 and shall come into force on 1st March 2006.

(2) In this Order, “the 1972 Act” means the Local Government Act 1972.

S-2 Additional rights of access to documents for members of principal councils

Additional rights of access to documents for members of principal councils

2.—(1) Section 100F of the 1972 Act (additional rights of access to documents for members of principal councils) is amended as follows.

(2) In subsection (1), for “subsection (2)” substitute “subsections (2) to (2C)”.

(3) For subsection (2) substitute—

S-2

“2 In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.”.

(4) After subsection (2) insert—

S-2A

“2A But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

(a) paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

(b) paragraph 6 of Schedule 12A to this Act.

S-2B

2B In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

S-2C

2C In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.”.

(5) In subsection (3)—

(a)

(a) for “The Secretary of State” substitute “The appropriate person”;

(b)

(b) for “subsection (2)” substitute “subsections (2) to (2C)”;

(c)

(c) for “that subsection refers” substitute “those subsections refer”; and

(d)

(d) for “it refers” substitute “those subsections refer”.

(6) After subsection (3) insert—

S-3A

“3A In subsection (3) above “the appropriate person” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales.”.

(7) In subsection (4), after “subsection (3) above” insert “made by the Secretary of State”.

S-3 Exempt information and power to vary Schedule 12A

Exempt information and power to vary Schedule 12A

3.—(1) Section 100I of the 1972 Act (exempt information and power to vary Schedule 12A) is amended as follows.

(2) In subsection (1)—

(a)

(a) at the beginning insert “In relation to principal councils in England,”; and

(b)

(b) for “interpretation of that Schedule” substitute “interpretation of Parts 1 to 3 of that Schedule”.

(3) After subsection (1) insert—

S-1A

“1A In relation to principal councils in Wales, the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part 4 of Schedule 12A to this Act, but subject to any qualifications contained in Part 5 of that Schedule; and Part 6 has effect for the interpretation of Parts 4 to 6 of that Schedule.”.

(4) In subsections (2) and (3), for “The Secretary of State” substitute “The appropriate person”.

(5) After subsection (3) insert—

S-3A

“3A In this section “the appropriate person” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales.”.

(6) In subsection (4), after “order under this section” insert “made by the Secretary of State”.

S-4 Access to information: exempt information

Access to information: exempt information

4. For Schedule 12A to the 1972 Act (exempt information)2substitute the Schedule set out in the Schedule to this Order.

Phil Woolas

Minister of State

Office of the Deputy Prime Minister

18th January 2006

SCHEDULE

Article 4

SCHEDULE

SCHEDULE 12A

ACCESS TO INFORMATION: EXEMPT INFORMATION

PART 1

DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND

Information relating to any individual.

Information which is likely to reveal the identity of an individual.

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Information which reveals that the authority proposes—

to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

to make an order or direction under any enactment.

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

PART 2

QUALIFICATIONS: ENGLAND

Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—

the Companies Act 19853;

the Friendly Societies Act 19744;

the Friendly Societies Act 19925;

the Industrial and Provident Societies Acts 1965 to 19786;

the Building Societies Act 19867; or

the Charities Act 19938.

Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 19929.

Information which—

falls within any of paragraphs 1 to 7 above; and

is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

PART 3

INTERPRETATION: ENGLAND

In Parts 1 and 2 and this Part of this Schedule—

“employee” means a person employed under a contract of service;

“financial or business affairs” includes contemplated, as well as past or current, activities;

“labour relations matter” means—

(a) any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 199210(matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

“office-holder”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

“registered” in relation to information required to be registered under the Building Societies Act 198611, means recorded in the public file of any building society (within the meaning of that Act).

Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

in the case of a principal council, to any committee or sub-committee of the council; and

in the case of a committee, to—

any constituent principal council;

any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

in the case of a sub-committee, to—

the committee, or any of the committees, of which it is a sub-committee; and

any principal council which falls within paragraph (b) above in relation to that committee.

PART 4

DESCRIPTIONS OF EXEMPT INFORMATION: WALES

Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the authority.

Information relating to a particular employee, former employee or applicant to become an employee...

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