The Openness of Local Government Bodies Regulations 2014

Interpretation of this Part E+W

6.  In this Part—

“background papers” in relation to a decision which falls within regulation 7(2), means those documents other than published works, that—

(a)

relate to the subject matter of the decision or, as the case may be, part of the decision; and

(b)

in the opinion of the proper officer—

(i)

disclose any facts or matters on which the decision or an important part of the decision is based; and

(ii)

were relied on to a material extent in making the decision;

“confidential information” means—

(c)

information provided to the local government body by a government department on terms (however expressed) which forbid the disclosure of the information to the public; or

(d)

information the disclosure of which to the public is prohibited by or under any enactment or by order of a court,

and in either case, a reference to the obligation of confidence is to be construed accordingly;

“decision-making officer” means an officer of a relevant local government body who makes a decision which falls within regulation 7(2);

“exempt information” has the meaning given by section 100I(1) of the 1972 Act (exempt information and power to vary Schedule 12A);

“proper officer” has the same meaning as in section 270(3) of the 1972 Act (general provisions as to interpretation);

“relevant local government body” means—

(a)

a district council,

(b)

a county council in England,

(c)

a London borough council,

(d)

the Greater London Authority,

(e)

the Common Council of the City of London in its capacity as a local authority or police authority,

(f)

[F1 the London Fire Commissioner],

(g)

Transport for London,

(h)

a joint authority established under Part 4 of the Local Government Act 1985 M1 ,

(i)

an economic prosperity board,

(j)

a combined authority,

(k)

a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 M2 or a scheme to which section 4 of that Act applies,

(l)

a National Park Authority for a National Park in England,

(m)

the Broads Authority,

(n)

the Council of the Isles of Scilly,

(o)

a parish council, or,

(p)

a parish meeting.

Textual Amendments

F1 Words in reg. 6 substituted (1.4.2018) by The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018 (S.I. 2018/269), reg. 1(2), Sch. para. 15(2)

Marginal Citations

M1 1985 c. 51. Relevant amendments were made by the Police and Magistrates' Courts Act 1994 (c. 29), section 93 and Schedule 9; the Greater London Authority Act 1999 (c. 29), section 328, 423 and Schedule 34; the Civil Contingencies Act 2004 (c. 36), section 32 and Schedule 2 and the Local Transport Act 2008 (c. 26), section 77 and Schedule 4.

M2 2004 c. 21.