Local Government (Scotland) Act 1973 (c. 65)

SCHEDULES

[F1 SCHEDULE 7A S Access to Information: Exempt Information

Textual Amendments

F1 Sch. 7A inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)

C1 Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part I S Descriptions of Exempt Information

1 S Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

2 S Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

3 S Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

4 S Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

5 S Information relating to the adoption, care, fostering or education of any particular child or [F2 where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.]

Textual Amendments

F2 Words in Sch. 7A Pt. 1 para. 5 substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 2

6 S Information relating to the financial or business affairs of any particular person (other than the authority).

7 S Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

8 S The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9 S Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10 S The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

11 S Information 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.

12 S Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

13 S Information which, if disclosed to the public, would reveal that the authority proposes—

(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.

14 S Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15 S The identity of a protected informant.

Part II S Qualifications

1 S Information relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.

2 S Information falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

[F3 (a) the Companies Acts (as defined in section 2(1) of the Companies Act 2006);]

(b) the M1 Friendly Societies Act 1974;

(c) the Industrial and Provident Societies Acts 1965 to 1978; or

(d) the M2 Building Societies Act 1962.

Textual Amendments

F3 Sch. 7A Pt. 2 para. 2(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 1(2), 2(1), Sch. 1 para. 27 (with art. 10)

Marginal Citations

M1 1974 c. 46(55:1.)

M2 1962 c. 37

3 S Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.

4 S Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5 S Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6 S Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

Part III S Interpretation

1 (1) In this Schedule— S

• “child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

• “disposal” in relation to property, includes the granting of an interest in or right over it;

• “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 29(1) of the M3 Trade Union and Labour Relations Act 1974 (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;

• “protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, [F4 within the meaning of section 123(1) of the Town and Country Planning (Scotland) Act 1997], or

(d) a nuisance,

has been, is being or is about to be committed;

“tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M4 Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).

(2) Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee [F5 or relevant body] 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 local authority, to any committee or sub-committee of, or constituted by, the authority; [F6 and]

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

(i) any local authority [F7 or relevant body] of which it is a committee or sub-committee or by which it is constituted; and

(ii) any other committee or sub-committee of, or constituted by, that local authority [F7 or relevant body] or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.]

Textual Amendments

F4 Words in the definition of "protected informant" in Sch. 7A Pt. III para. 1(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 22

F5 Words in Sch. 7A Pt. III para. 1(2) inserted (30.9.1996) by S.I. 1996/2278, art. 2(6)(a)

F6 Word in Sch. 7A Pt. III para. 1(2) ceases to have effect (30.9.1996) by virtue of S.I. 1996/2778, art. 2(6)(b)

F7 Words in Sch. 7A Pt. III para. 1(2)(b)(i)(ii) inserted (30.9.1996) by S.I. 1996/2778, art. 2(6)(c)

Marginal Citations

M3 1974 c. 52(43:5).

M4 1980 c. 65(81:1).