SCHEDULES

F5C1SCHEDULE 7A Access to Information: Exempt Information

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part III Interpretation

1

1

In this Schedule—

  • “child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

  • “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 M1Trade Union and Labour Relations Act 1974 (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, F1within the meaning of section 123(1) of the Town and Country Planning (Scotland) Act 1997, or

d

a nuisance,

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

“tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M2Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).

2

Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee F2or relevant body 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 local authority, to any committee or sub-committee of, or constituted by, the authority; F3and

b

in the case of a committee or sub-committee, to—

i

any local authority F4or relevant body of which it is a committee or sub-committee or by which it is constituted; and

ii

any other committee or sub-committee of, or constituted by, that local authority F4or relevant body or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.