Local Government Act 1972

[F1 SCHEDULE 12A E+W Access to Information:Exempt Information]

Textual Amendments

F1 Sch. 12A inserted (E.W.) by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(2), Sch. 1 Pt. I

Modifications etc. (not altering text)

C1 Sch. 12A extended (with modifications) by Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24, SIF 113:2), ss. 2(4), 4(2)(3)(4)

C2 Sch. 12A modified by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(6) (as amended (1.4.2004) by 2003 (c. 43), s. 184, Sch. 11 para. 51; S.I. 2004/288, art. 5(2)(t); S.I. 2004/480, art. 4(2)(x); and as modified (1.4.2004) by S.I. 2004/865, art. 109(2)(b))

C3 Sch. 12A applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Sch. 12A applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

Sch. 12A applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch 2 para. 1(4)(5)

Sch. 12A applied (with modifications) (30.6.2003) by S.I. 2001/2812, reg. 7(4) (as inserted by S.I. 2003/1483, reg. 3(3))

Part I E+W Description of Exempt Information

1 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.

2 Information relating to a particular employee, former employee or applicant to become an employee of, or a particular officer, former officer or applicant to become an officer appointed by—

(a) a magistrates’ court committee, within the meaning of section 19 of the Justices of the Peace Act M1 1979; or

(b) a probation committee [F2 within the meaning of the Probation Service Act 1993].

Textual Amendments

F2 Words in Sch. 12A para. 2(b) substituted (5.2.1994) by 1993 c. 47, ss. 32(2), 33(2), Sch. 3 para. 4.

Marginal Citations

M1 1979 c.55(82).

Valid from 01/04/2001

[F3 2A Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.]

Textual Amendments

F3 Sch. 12A para. 2A inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 46(c); S.I. 2001/919, art. 2(f)(ii)

3 Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

4 Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

5 Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

6 Information relating to the adoption, care, fostering or education of any particular child.

7 Information relating to the financial or business affairs of any particular person (other than the authority).

8 The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10 The identity of the authority (as well as of any other person, by virtue of paragraph 7 above) as the person offering any particular tender for a contract for the supply of goods or services.

11 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.

12 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 the authority, or

(b) the determination of any matter affecting the authority,

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

13 Information which, if disclosed to the public, would reveal that the authority proposes—

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

(b) to make an order or direction under any enactment.

14 Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15 The identity of a protected informant.

Part II E+W Qualifications

Modifications etc. (not altering text)

C4 Sch. 12A Pt. 2 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by The Relevant Authorities (Standards Committee) (Amendment) Regulations 2006 (S.I. 2006/87), reg. 2(b))

1 Information relating to a person of a description specified in any of paragraphs 1 to 5 of Part I above 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.

2 Information falling within paragraph 7 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the M2 Companies Act1985;

(b) the M3 Friendly Societies Act1974;

(c) the Industrial and Provident Societies Acts 1965 to 1978;

(d) the M4 Building Societies Act [F4 1986]; or

(e) the M5 Charities Act1960.

Textual Amendments

F4 Word “1986” substituted for word “1962” by Building Societies Act 1986 (c. 53, SIF 16), ss. 120, 126(3), Sch. 18 para. 9

Marginal Citations

M2 1985 c.6(27).

M3 1974 c.46(55).

M4 1962 c.37(16).

M5 1960 c.58(19).

3 Information falling within paragraph 8 of Part I above 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 the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.

4 Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5 Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6 Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

[F5 7 Information falling within any paragraph of Part I above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 (S.I. 1992 No. 1492).]

Textual Amendments

F5 Sch. 12A Pt. II para. 7 added (17.7.1992) by S.I. 1992/1497, art.2.

Part III E+W Interpretation

Modifications etc. (not altering text)

C5 Sch. 12A Pt. 3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by The Relevant Authorities (Standards Committee) (Amendment) Regulations 2006 (S.I. 2006/87), reg. 2(b))

1 (1) In this Schedule—

• “child” means a person under the age of eighteen years and any person who has attained that age and—

(a) is registered as a pupil at a school; or

(b) is the subject of a care order, within the meaning of [F6 section 20 of the M6 Children and Young Persons Act 1969][F6 section 31 of the Children Act 1989];

• “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;

• “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 29(1) of the M7 Trade Union and Labour Relations Act1974 (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;

• “protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, as defined in [F7 section [F8 171A] of the M8 Town and Country Planning Act 1990], or

(d) a nuisance,

has been, is being or is about to be committed;

• [F9 “registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any building society (within the meaning of that Act);]

• “tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M9 Local Government, Planning and Land Act1980 (estimated cost of carrying out functional work by direct labour).

(2) Any reference in 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—

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

(b) in the case of a committee, to—

(i) any constituent principal council;

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

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

(c) in the case of a sub-committee, to—

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

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

Textual Amendments

F6 Words “section 31 of the Children Act 1989” substituted (14.10.1991) for the words “section 20 of the Children and Young Persons Act 1969” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 31(2); S.I.1991/828, art.3(2)

F7 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(4)

F8 Words in Sch. 12A, Pt. III substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, Sch. 7, para. 2; S.I. 1991/2905, art.3, Sch. 1

F9 Words inserted (E.W.) by Building Societies Act 1986 (c. 53, SIF:16), ss. 120, 126(3), Sch. 18 para. 9(b)

Marginal Citations

M6 1969 c.54(20).

M7 1974 c.52 (43:5).

M8 1990 c.8(123:1).

M9 1980 c.65 (81:1,2).