SCHEDULES

C40C41C43C45C44F6SCHEDULE 12AACCESS TO INFORMATION: EXEMPT INFORMATION

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C40

Sch. 12A applied (with modifications) (6.4.2008) by The Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580), art. 9

C41

Sch. 12A applied (with modifications) (8.5.2008) by The Standards Committee (England) Regulations 2008 (S.I. 2008/1085), reg. 8(6)

C46C22PART 1DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND

Annotations:
Modifications etc. (not altering text)
C46

Sch. 12A Pts. 1-3 applied (with modifications) (1.4.2015) by The Local Audit (Auditor Panel) Regulations 2014 (S.I. 2014/3224), regs. 1(1), 9(2) (with reg. 1(3))

C22

Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

C1C2C3C421

Information relating to any individual.

C4C5C6C422

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

C7C8C9C423

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

C10C11C12C424

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.

C13C14C15C425

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

C16C17C18C426

Information which reveals 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.

C19C20C21C427

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

C46C32PART 2QUALIFICATIONS: ENGLAND

Annotations:
Modifications etc. (not altering text)
C32

Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

C23C24C25C428

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

a

F1the Companies Acts (as defined in section 2 of the Companies Act 2006);

b

the Friendly Societies Act 1974 M1;

c

the Friendly Societies Act 1992 M2;

F9d

the Co-operative and Community Benefit Societies Act 2014;

e

the Building Societies Act 1986 M3; or

F7f

the Charities Act 2011.

C26C27C28C429

Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission F11or permission in principle pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 M4.

C29C30C31C4210

Information which—

a

falls within any of paragraphs 1 to 7 above; and

b

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.

C46C36PART 3INTERPRETATION: ENGLAND

Annotations:
Modifications etc. (not altering text)
C36

Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

C33C34C35C4211

1

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—

    1. a

      any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M5(matters which may be the subject of a trade dispute, within the meaning of that Act); or

    2. 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 1986 M6, means recorded in the public file of any building society (within the meaning of that Act).

2

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—

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.

C47C37F3 PART 4 DESCRIPTIONS OF EXEMPT INFORMATION: WALES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

12

Information relating to a particular individual.

13

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

14

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

15

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.

16

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

17

Information which reveals 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.

18

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

C47C38F4 PART 5 QUALIFICATIONS: WALES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

19

Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —

a

F2the Companies Acts (as defined in section 2 of the Companies Act 2006);

b

the Friendly Societies Act 1974 M7;

c

the Friendly Societies Act 1992 M8;

F10d

the Co-operative and Community Benefit Societies Act 2014;

e

the Building Societies Act 1986 M9; or

F8f

the Charities Act 2011.

20

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 M10.

21

Information which —

a

falls within any of paragraphs 12 to 15, 17 and 18 above; and

b

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 maintaining the exemption outweighs the public interest in disclosing the information.

C47C39F5 PART 6 INTERPRETATION: WALES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

22

1

In Parts 4 and 5 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 —

    1. a

      any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 M11 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

    2. 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 1986 M12, means recorded in the public file of any building society (within the meaning of that Act).

2

Any reference in Parts 4 and 5 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 —

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.