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Local Government Act 1972

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[F1SCHEDULE 12AE+WACCESS TO INFORMATION: EXEMPT INFORMATION

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PART 1 E+WDESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND

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C3Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

1Information relating to any individual.E+W

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2Information which is likely to reveal the identity of an individual.E+W

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3Information relating to the financial or business affairs of any particular person (including the authority holding that information).E+W

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4Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.E+W

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5Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.E+W

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6Information which reveals that the authority proposes—E+W

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

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7Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.E+W

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Modifications etc. (not altering text)

PART 2 E+WQUALIFICATIONS: ENGLAND

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Modifications etc. (not altering text)

C25Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

8Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—E+W

(a)[F2the Companies Acts (as defined in section 2 of the Companies Act 2006)]F3;

(b)the Friendly Societies Act 1974 F4;

(c)the Friendly Societies Act 1992 F5;

(d)the Industrial and Provident Societies Acts 1965 to 1978 F6;

(e)the Building Societies Act 1986 F7; or

(f)the Charities Act 1993 F8.

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9Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 F9.E+W

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10Information which—E+W

(a)falls within any of paragraphs 1 to 7 above; and

(b)is not prevented from being exempt by virtue of paragraph 8 or 9 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

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Modifications etc. (not altering text)

PART 3 E+WINTERPRETATION: ENGLAND

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Modifications etc. (not altering text)

C35Sch. 12A Pts. 1-3 applied (with modifications) by S.I. 2001/2812, reg. 7(4) (as substituted (1.3.2006) by S.I. 2006/87, reg. 2(b))

11(1)In Parts 1 and 2 and this Part of this Schedule—E+W

  • 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 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 F10(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;

  • registered” in relation to information required to be registered under the Building Societies Act 1986 F11, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee 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 principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to—

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to—

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.

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Modifications etc. (not altering text)

[F12 PART 4 E+WDESCRIPTIONS OF EXEMPT INFORMATION: WALES

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12Information relating to a particular individual.E+W

13Information which is likely to reveal the identity of an individual.E+W

14Information relating to the financial or business affairs of any particular person (including the authority holding that information).E+W

15Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.E+W

16Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.E+W

17Information which reveals that the authority proposes —E+W

(a)to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any enactment.

18Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.]E+W

[F13 PART 5 E+WQUALIFICATIONS: WALES

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19Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —E+W

(a)[F14the Companies Acts (as defined in section 2 of the Companies Act 2006)]F15;

(b)the Friendly Societies Act 1974 F16;

(c)the Friendly Societies Act 1992 F17;

(d)the Industrial and Provident Societies Acts 1965 to 1978 F18;

(e)the Building Societies Act 1986 F19; or

(f)the Charities Act 1993 F20.

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Amendments (Textual)

20Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 F21.E+W

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Amendments (Textual)

21Information which —E+W

(a)falls within any of paragraphs 12 to 15, 17 and 18 above; and

(b)is not prevented from being exempt by virtue of paragraph 19 or 20 above,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.]

[F22 PART 6 E+WINTERPRETATION: WALES

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Amendments (Textual)

Modifications etc. (not altering text)

22(1)In Parts 4 and 5 and this Part of this Schedule —E+W

  • 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 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 F23 (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;

  • registered” in relation to information required to be registered under the Building Societies Act 1986 F24, means recorded in the public file of any building society (within the meaning of that Act).

(2)Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee 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 principal council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to —

(i)any constituent principal council;

(ii)any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c)in the case of a sub-committee, to —

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any principal council which falls within paragraph (b) above in relation to that committee.]]

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Amendments (Textual)

PART 4 E+WDESCRIPTIONS OF EXEMPT INFORMATION: WALES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 E+WQUALIFICATIONS: WALES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 E+WINTERPRETATION: WALES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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