Search Legislation

Local Government (Access to Information) Act 1985

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Local Government (Access to Information) Act 1985, SCHEDULE to be Inserted into the Local Government (Scotland) Act 1973 is up to date with all changes known to be in force on or before 18 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the Local Government (Access to Information) Act 1985

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SCHEDULE to be Inserted into the Local Government (Scotland) Act M11973E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Schedule 7AE+W+S Access to Information: Exempt Information

Part IE+W+S Descriptions of Exempt Information

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

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

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

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

5Information relating to the adoption, care, fostering or education of any particular child or relating to the supervision or residence of any particular child in accordance with a supervision requirement made in respect of that child under the Social Work (Scotland) Act 1968.

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

7Information 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).

8The 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.

9Any 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.

10The 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.

11Information 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.

12Any 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).

13Information 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.

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

15The identity of a protected informant.

Part IIE+W+S Qualifications

1Information 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.

2Information 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—

(a)the Companies Act 1985;

(b)the Friendly Societies Act 1974;

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

(d)the Building Societies Act 1962.

3Information 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.

4Information 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.

5Information 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.

6Information 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 IIIE+W+S Interpretation

1(1)In this Schedule—

  • 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 matters” means—

(a)any of the matters specified in paragraphs (a) to (g) of section 29(1) of the 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, as defined in section 84(2) of the Town and Country Planning (Scotland) Act 1972; 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 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 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; and

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

(i)any local authority 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 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources