The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

Article C9

SCHEDULE 2 ACCESS TO INFORMATION: EXEMPT INFORMATION

PART I DESCRIPTIONS OF EXEMPT INFORMATION

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

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

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

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

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

6.  The 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.

7.  Any 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.

8.  The identity of the Authority (as well as of any other person, by virtue of paragraph 7 above) as the person offering any particular tender for a contract for the supply of goods or services.

9.  Information 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.

10.  Any 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).

11.  Information 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.

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

13.  The identity of a protected informant.

PART II QUALIFICATIONS

1.  Information relating to a person of a description specified in paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

2.  Information falling within paragraph 5 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;

(d) the Building Societies Act 1986; or

(e) the Charities Act 1993.

3.  Information falling within paragraph 6 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 other such persons.

4.  Information falling within paragraph 7 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.

5.  Information falling within paragraph 9 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.

6.  Information falling within paragraph 11 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 given or made.

PART III INTERPRETATION

1.—(1) In this Schedule—

• “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 218 of the Trade Union and Labour Relations (Consolidation) Act 1992(1) (meaning 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 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, or

  (c)

  a nuisance,

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

• “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).

(2) Any reference in this Schedule to “the Authority” includes a 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 committee, to the Authority; and

(b) in the case of a sub-committee, to the committee, or any of the committees, of which it is a sub-committee.

(1)

1992 c. 52.