The Local Government (Access to Information) (Variation) Order 2006

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Local Government (Access to Information) (Variation) Order 2006 and shall come into force on 1st March 2006.

(2) In this Order, “the 1972 Act” means the Local Government Act 1972.

Additional rights of access to documents for members of principal councils

2.—(1) Section 100F of the 1972 Act (additional rights of access to documents for members of principal councils) is amended as follows.

(2) In subsection (1), for “subsection (2)” substitute “subsections (2) to (2C)”.

(3) For subsection (2) substitute—

“(2) In relation to a principal council in England, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information.”.

(4) After subsection (2) insert—

“(2A) But subsection (1) above does require (despite subsection (2) above) the document to be open to inspection if the information is information of a description for the time being falling within—

(a) paragraph 3 of Schedule 12A to this Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract), or

(b) paragraph 6 of Schedule 12A to this Act.

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

(2C) In relation to a principal council in Wales, subsection (1) above does not require the document to be open to inspection if it appears to the proper officer that it discloses exempt information of a description falling within any of paragraphs 12 to 18, 21, 23, 24 and 26 of Schedule 12A to this Act.”.

(5) In subsection (3)—

(a) for “The Secretary of State” substitute “The appropriate person”;

(b) for “subsection (2)” substitute “subsections (2) to (2C)”;

(c) for “that subsection refers” substitute “those subsections refer”; and

(d) for “it refers” substitute “those subsections refer”.

(6) After subsection (3) insert—

“(3A) In subsection (3) above “the appropriate person” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales.”.

(7) In subsection (4), after “subsection (3) above” insert “made by the Secretary of State”.

Exempt information and power to vary Schedule 12A

3.—(1) Section 100I of the 1972 Act (exempt information and power to vary Schedule 12A) is amended as follows.

(2) In subsection (1)—

(a) at the beginning insert “In relation to principal councils in England,”; and

(b) for “interpretation of that Schedule” substitute “interpretation of Parts 1 to 3 of that Schedule”.

(3) After subsection (1) insert—

“(1A) In relation to principal councils in Wales, the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part 4 of Schedule 12A to this Act, but subject to any qualifications contained in Part 5 of that Schedule; and Part 6 has effect for the interpretation of Parts 4 to 6 of that Schedule.”.

(4) In subsections (2) and (3), for “The Secretary of State” substitute “The appropriate person”.

(5) After subsection (3) insert—

“(3A) In this section “the appropriate person” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales.”.

(6) In subsection (4), after “order under this section” insert “made by the Secretary of State”.

Access to information: exempt information

4.  For Schedule 12A to the 1972 Act (exempt information)(1) substitute the Schedule set out in the Schedule to this Order.

Signed by authority of the First Secretary of State

Phil Woolas

Minister of State

Office of the Deputy Prime Minister

18th January 2006