PART 1A

Arrangements with respect to local authority governance in England
CHAPTER 2

Executive arrangements

Overview and scrutiny committees

Publication etc of reports, recommendations and responses: confidential and exempt information
9FG
1
This section applies to—
a
the publication under section 9FE of any document comprising—
i
a report or recommendations of an overview and scrutiny committee, or
ii
a response of a local authority to any such report or recommendations, and
b
the provision of a copy of such a document—
i
to a member of a local authority under section 9FD(4) or section 9FE, or
ii
to a relevant partner authority under section 9FF,
by an overview and scrutiny committee or a local authority.
2
The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority—
a
must exclude any confidential information, and
b
may exclude any relevant exempt information.
3
The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.
4
Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, 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.
5
Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—
a
excludes information, or
b
replaces part of the report or recommendations with a summary.
6
The overview and scrutiny committee is nevertheless to be taken for the purposes of section 9FE(3)(c) or (d) to have published or provided a copy of the report or recommendations.
7
In this section, references to relevant exempt information are references to—
a
in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and
b
in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority 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.
8
In this section—
- “
confidential information
” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),
- “
exempt information
” has the meaning given by section 100I of that Act and, in relation to—
  1. any report or recommendations of an overview and scrutiny committee which has functions under section 9F(2)(f) (national health service functions), or
  2. any response to such a report or recommendations,
also includes information which is exempt information under section 246 of the National Health Service Act 2006, and
- “
relevant partner authority
”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 9FF, has the same meaning as in that section.
9
In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2
Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(5)-(8)
Pt. 1A modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 15 (with reg. 1(2)(3))
Pt. 1A modified in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(17)
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(8)
Pt. 1A modified in part (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(7)
Pt. 1A modified in part (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(7)
Pt. 1A modified in part (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(7)
Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)
Pt. 1A modified in part (14.2.2020) by S.I. 2020/156, art. 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)
Pt. 1A modified in part (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 7(2)