Introduction - guidance about Schedule 12A - Local Government Act 1972
From 1 March 2006 Schedule 12A of the Local Government Act 1972 "the 1972 Act" was amended. This was to take account of the impact of the Freedom of Information Act 2000 (FOIA).
There are 10 categories of information which can be exempt, 3 of which relate specifically to Standards Committee or Sub-Committee meetings. All of them require consideration of the public interest before deciding whether to withhold the information. You can view details of the categories in the Appendix below.
Appendix
Schedule 12A from the 1972 Act from 1 March 2006.
Exempt information
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and County Planning General Regulations 1992. This applies to all categories of otherwise exempt information.
1. Information relating to any individual.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Names, addresses or telephone numbers can identify individuals. Also consider the council's Data Protection Act responsibilities.
2. Information which is likely to reveal the identity of an individual.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Names, addresses or telephone numbers can identify individuals. Also consider the council's Data Protection Act responsibilities.
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Information falling within paragraph 3 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 Friendly Societies Act 1992, (d) the Industrial and Provident Societies Acts 1965 to 1978, (e) the Building Societies Act 1986, (f) the Charities Act 1993.
The authority is a reference to the principal council, for example Rochdale, 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. Financial or business affairs includes contemplated, as well as past or current activities. 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).
4. 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.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
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. Employee means a person employed under a contract of service. Labour relations matter means: (a) any of the matters specified in paragraphs (a) to (g) of Section 218 (1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (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.
This applies to trade disputes relating to office holders as well as employees. 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.
5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Privilege lies with the "client" which broadly is the council.
6. Information which reveals 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.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 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.
7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Audit and Governance Committee meetings exemptions
The following are exempt information relating to Audit and Governance Committee meetings only. This is in addition to points 1-7.
8. Information which is subject to any obligation of confidentiality.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. This will not apply to all the papers before an Audit & Governance Committee and is likely to need careful consideration in the circumstances of a Local Investigation or Determination.
9. Information which relates in any way to matters concerning national security.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
10. The deliberations of an Audit & Governance Committee or of a Sub-Committee of an Audit & Governance Committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of Section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act.
Exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. This will apply in relation to Local Determinations whether the original report came from an Ethical Standards Officer or from a Local Investigator.