National Health Service (Wales) Act 2006

Section 186

SCHEDULE 11 E+W Exempt information relating to health services

Modifications etc. (not altering text)

C1 Sch. 11 applied (with modifications) (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 247(2)(4), 277

C2 Sch. 11 applied (with modifications) by 2006 c. 41, s. 247A(3)(a)(4) (as inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 78; S.I. 2012/1008, art. 4(b))

C3 Sch. 11 applied (1.4.2013) by The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), regs. 1(2), 30(3)

Part 1 E+W Descriptions of exempt information

1 E+W 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, a relevant body.

2 E+W Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of a relevant body.

3 E+W Information relating to any particular applicant for, or recipient or former recipient of, any service provided by a relevant body.

4 E+W Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by a relevant body.

5 E+W The amount of any expenditure proposed to be incurred by a relevant body under any particular contract for the acquisition of property or the supply of goods and services.

6 E+W Any terms proposed or to be proposed by or to a relevant body in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

7 E+W The identity of a relevant body (as well as of any other person, by virtue of paragraph 6) as the person offering any particular tender for a contract for the supply of goods or services.

8 E+W Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between a relevant body or a Minister of the Crown and employees of, or office-holders under, a relevant body.

9 E+W Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against a relevant body, or

(b) the determination of any matter affecting a relevant body,

(whether, in either case, proceedings have been commenced or are in contemplation).

10 E+W Information relating to a particular person who was included in a list of persons undertaking to provide services under Part 2 of the National Health Service Act 1977 (c. 49).

11 E+W Information relating to a particular person who is, or was formerly, included in, or is an applicant for inclusion in—

(a) a pharmaceutical list or an ophthalmic list, or

(b) a pharmaceutical list under the National Health Service Act 2006 (c. 41).

12 E+W Information relating to a particular person who—

(a) provided primary medical services, primary dental services or primary ophthalmic services under a contract under section 28K, 28Q or 28WA of the National Health Service Act 1977, or

(b) was included in a list under section 28X of that Act.

13 (1) Information relating to a particular person who— E+W

(a) is, or was formerly, providing primary medical services or primary dental services under a contract under section 42 or 57,

(b) is, or was formerly, providing primary ophthalmic services under a contract under section 117 of the National Health Service Act 2006, or

(c) is, or was formerly, included in, or is an applicant for inclusion in, a list under section 49 or 63.

(2) In this paragraph—

(a) references to primary medical services and primary dental services include such services provided under the National Health Service Act 2006, and

(b) references to provisions of this Act include references to corresponding provisions of that Act (including in particular in sub-paragraph (1)(c) a reference to a list under section 123 or section 146 of that Act).

14 E+W Information relating to any particular employee, former employee, or applicant to become an employee, of a person referred to in paragraph 10, 11, 12 or 13.

15 E+W Information relating to the physical or mental health of a particular individual.

Part 2 E+W Qualifications

16 E+W Information relating to a person of a description specified in any of paragraphs 1 to 4 and 10 to 14 of Part 1 is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

17 E+W Information falling within paragraph 5 of Part 1 is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with a relevant body in respect of the property, goods or services, whether the advantage would arise as against that body or as against other such persons.

18 E+W Information falling within paragraph 6 of Part 1 is exempt information if and so long as disclosure to the public of the terms would prejudice a relevant body in those or any other negotiations concerning the property or goods or services.

19 E+W Information falling within paragraph 8 of Part 1 is exempt information if and so long as disclosure to the public of the information would prejudice a relevant body in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

Part 3 E+W Interpretation

20 E+W In this Schedule—

• “disposal”, in relation to property, includes the granting of an interest in or right over it,

• “employee” means a person employed under a contract of service,

• “labour relations matter” means—

  (a)

  any of the matters specified in paragraphs (a) to (g) of section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (matters which may be the subject of a collective agreement), or

  (b)

  any dispute about a matter falling within paragraph (a),

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

• “office-holder”, in relation to a relevant body, means the holder of any paid office appointments to which are or may be made or confirmed by the body or by any person who holds any such office or is an employee of the body.