The Local Government (Access to Information) (Variation) (Wales) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order applies in relation to principal councils in 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.

Section 100A(4) (admission to meetings of principal councils) of the 1972 Act in particular 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) of the 1972 Act as information the descriptions of which are, for the purposes of Part 5A, those for the time being specified in Part 1 of Schedule 12A.

Parts 1 to 3 of Schedule 12A apply in relation to principal councils in England. Parts 4 to 6 of that Schedule apply in relation to principal councils in Wales. This Order substitutes new Parts 4 to 6 into Schedule 12A.

In the new Part 4, some of the descriptions of information listed in the existing Part 4 are replaced by simpler and clearer descriptions.

In the new Part 5, some of the qualifications are replaced by a public interest test.

Consequential amendments are also made to section 100F (additional rights of access to documents for members of principal councils) of the 1972 Act.