The Local Government (Access to Information) (Variation) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order applies in relation to principal councils in England and Wales. It makes changes to Part 5A (access to meetings and documents of certain authorities, committees and sub-committees) of, and Schedule 12A (access to information: exempt information) to, the Local Government Act 1972 (“the 1972 Act”) both of which are concerned with access to meetings and documents of principal councils and certain committees and sub-committees of those councils.

In Part 5A, section 100A(4) (admission to meetings of principal councils) of the 1972 Act permits a principal council to exclude the public from a meeting whenever it is likely that there would otherwise be a disclosure of exempt information to the public. Exempt information is defined in section 100I (exempt information and power to vary Schedule 12A) as the descriptions of information which are, for the purposes of Part 5A, for the time being specified in Schedule 12A to the 1972 Act.

The Order substitutes a new Schedule 12A for the previous Schedule 12A. Parts 1 to 3 of the new Schedule 12A apply in relation to principal councils in England. In Part 1 of the new Schedule 12A, some of the descriptions of information listed in Part 1 of the previous Schedule 12A are replaced by simpler and clearer descriptions. Similarly, in Part 2 of the new Schedule 12A, some of the previous qualifications are replaced by a public interest test. Consequential amendments are also made to sections 100F (additional rights of access to documents for members of principal councils) and 100I.

The powers under sections 100F and 100I have been devolved to the National Assembly for Wales, insofar as they are exercisable in relation to principal councils in Wales. In making the changes to Part 5A and Schedule 12A as they apply in relation to principal councils in England, it has been necessary to preserve the legal position under those provisions, as they applied before those amendments, in relation to principal councils in Wales. This is achieved by consequential amendments to sections 100F and 100I and by the replication of Parts 1 to 3 of the previous Schedule 12A in Parts 4 to 6 of the new Schedule 12A which apply in relation to principal councils in Wales.

The Order also amends sections 100F and 100I to make clear on the face of the 1972 Act the role of the National Assembly for Wales in the exercise of the powers contained in those provisions.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the public sector.