SCHEDULES

F1C1C2C3SCHEDULE 12A Access to Information:Exempt Information

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Sch. 12A modified by Community Health Councils (Access to Information) Act 1988 (c. 24, SIF 113:2), s. 1(6) (as amended (1.4.2004) by 2003 (c. 43), s. 184, Sch. 11 para. 51; S.I. 2004/288, art. 5(2)(t); S.I. 2004/480, art. 4(2)(x); and as modified (1.4.2004) by S.I. 2004/865, art. 109(2)(b))

C3

Sch. 12A applied (with modifications) (28.6.1995) by 1995 c. iii, s. 26, Sch. 1

Sch. 12A applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27

Sch. 12A applied (with modifications) (E.) (1.1.2003) by The Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 (S.I. 2002/3038), reg. 11, Sch 2 para. 1(4)(5)

Sch. 12A applied (with modifications) (30.6.2003) by S.I. 2001/2812, reg. 7(4) (as inserted by S.I. 2003/1483, reg. 3(3))

C4Part III Interpretation

Annotations:
Modifications etc. (not altering text)

1

1

In this Schedule—

  • “child” means a person under the age of eighteen years and any person who has attained that age and—

a

is registered as a pupil at a school; or

b

is the subject of a care order, within the meaning of F2section 20 of the M1Children and Young Persons Act 1969F2section 31 of the Children Act 1989;

  • “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 M2Trade Union and Labour Relations Act1974 (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 F3section F4171A of the M3Town and Country Planning Act 1990, or

d

a nuisance,

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

  • F5“registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any building society (within the meaning of that Act);

  • “tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M4Local Government, Planning and Land Act1980 (estimated cost of carrying out functional work by direct labour).

2

Any reference in 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.