(1)Nothing in section 357 or 358 above shall require a waste authority to provide any information if—
(a)the information has been provided to the waste authority by another person,
(b)that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,
(c)the waste authority is, by virtue of [F1the [F2Public Procurement Regulations]], under a duty to comply with those requirements, and
(d)the provision of the information would be in breach of that duty.
(2)If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—
(a)by the Mayor, except to a person appointed under section 67(1) or (2)[F3, 72(1), 73(1) or 127A(1)] above, or
(b)by such a person, except to another such person.
(3)For the purposes of subsection (2) above—
“confidential information” has the meaning given by section 100A(3) of the M1Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
“exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.
Textual Amendments
F1Words in s. 359(1)(c) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 6
F2Words in s. 359(1)(c) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 5 (with reg. 5)
F3Words in s. 359(2)(a) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(4), 59(7); S.I. 2008/113, art. 2(a)
Marginal Citations