The Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009

PART 4 PUBLICATION ETC OF DOCUMENTS BY THE EXECUTIVE: CONFIDENTIAL AND EXEMPT INFORMATION

Interpretation of Part 4

13.  In this Part—

“confidential information” has the meaning given by section 100A(3) of the 1972 Act (1)(admission to meetings of principal councils),

“exempt information” means information of any of the descriptions specified for the purposes of Part 5A of the 1972 Act (access to meetings and documents of certain authorities, committees and sub-committees)(2) and, in relation to any response to a report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f) of the 2000 Act, includes information falling within any of the descriptions of information specified in Schedule 17 to the National Health Service Act 2006(3), or in Schedule 11 to the National Health Service (Wales) Act 2006(4) (exempt information relating to health services), and

“relevant exempt information”, in relation to a response of the executive to a report or recommendations of an overview and scrutiny committee, means exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the 1972 Act(5) which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.

Application of Part 4

14.  This Part applies to—

(a) the publication under section 21B of the 2000 Act by the executive of a local authority of any document comprising a response to a report or recommendation of an overview and scrutiny committee,

(b) the provision under that section by such an executive of a copy of such a document, and

(c) the publication under Part 2 of these Regulations by such an executive of any document comprising a response to a report or recommendation of an overview and scrutiny committee.

Exemptions from publication requirements, etc

15.—(1) In publishing the document the executive—

(a) must exclude any confidential information, and

(b) may exclude any relevant exempt information.

(2) In providing a copy of the document to a member of the local authority the executive may exclude any confidential information or relevant exempt information.

(3) Where information is excluded under paragraph (1) or (2), the executive, in publishing, or providing a copy of, the document—

(a) may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b) must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(4) If by virtue of any of paragraphs (1) to (3) an executive, in publishing or providing a copy of the document—

(a) excludes information, or

(b) replaces part of the document with a summary,

it is nevertheless to be taken for the purposes of section 21B of the 2000 Act or, where the requirement to publish or provide a copy arises under Part 2 of these Regulations, that Part, to have published or provided a copy of the response.

(1)

Section 100A(3) was inserted by section 1(1) of the Local Government (Access to Information )Act 1985 (c. 43).

(2)

See section 100I and Schedule 12A. Section 100I was inserted by section 1(1) of the Local Government (Access to Information )Act 1985 (c. 43) and amended by S.I. 2008/88, article 3.

(3)

2006 c.41.

(4)

2006 c.42.

(5)

Section 100A(4) was inserted by section 1(1) of the Local Government (Access to Information )Act 1985 (c. 43).