2007 No. 969 (W.86)
The National Assembly for Wales makes the following Order in exercise of the powers conferred on it by sections 100F(3) and 100I(2) of the Local Government Act 1972and in exercise of the powers conferred on the Secretary of State under section 254 of that Act which are now vested in the National Assembly for Wales so far as exercisable in relation to Wales:
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Title, commencement and interpretationTitle, commencement and interpretation
1.—(1) The title of this Order is the Local Government (Access to Information) (Variation) (Wales) Order 2007 and this Order comes into force on 21 April 2007.
(2) In this Order, “the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972.
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Additional rights of access to documents for members of principal councilsAdditional 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 “subsections (2) to (2C)” substitute “subsections (2) to (2E)”.
(3) For subsection (2C) substitute —
“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.”.
(4) After subsection (2C) insert —
“2D But subsection (1) above does require (despite subsection (2C) above) the document to be open to inspection if the information is information of a description for the time being falling within —
(a) paragraph 14 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 17 of Schedule 12A to this Act.
2E In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.”.
(5) In subsection (3), for “subsections (2) to (2C)” substitute “subsections (2) to (2E)”.
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Access to Information : exempt informationAccess to Information : exempt information
3. For Parts 4 to 6 of Schedule 12A to the 1972 Act(Exempt Information) substitute the text set out in the Schedule to this Order.
D. Elis-Thomas
SCHEDULE
Article 3
SCHEDULE
“PART 4
DESCRIPTIONS OF EXEMPT INFORMATION: WALES
Information relating to a particular 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 5
QUALIFICATIONS: WALES
Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —
the Industrial and Provident Societies Acts 1965 to 1978;
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 1992.
Information which —
falls within any of paragraphs 12 to 15, 17 and 18 above; and
is not prevented from being exempt by virtue of paragraph 19 or 20 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in...
