The Local Government (Access to Information) (Variation) Order 2006

ps/04/06
6 February 2006
MPA briefing paper

Author: Nick Baker, CLAMS, MPA

This briefing paper has been prepared to inform members and staff. It is not a committee report and no decisions are required.

Summary

This briefing paper informs members and officers of the Local Government (Access to Information) (Variation) Order 2006.

The Order changes Schedule 12A of the Local Government Act 1972, which sets out the categories under which committee reports and business can be treated as ‘exempt’ (i.e. confidential).

Key issue - Access to information: exempt information

This order comes into force on 1 March 2006.

The key implication for the MPA/MPS is the amendment to the descriptions of exempt information in Schedule 12A i.e. the categories under which an authority can exempt the press and public from a committee meeting and restrict the circulation of associated reports and documentation.

The Local Government Act 1972 Schedule 12A, as amended, currently provides authorities with 15 descriptions of exempt information. This Order 2006 reduces those 15 exemptions to 7. The amendments seem to be in line with those within the Freedom of Information Act 2000. The new descriptions of exempt information are as follows:

1. Information relating to any individual
2. Information which is likely to revel the identity of an individual.
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).
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.
5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
6. Information which reveals that the authority proposes
   1. to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
   2. to make an order or direction under any enactment.
7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

It is the MPA’s practice, where ever possible, to avoid presenting reports to a committee that are exempt, however, this is not always practicable.

Therefore, from the 1 March 2006 MPA/MPS officers will need to support any request for a report to be treated as exempt with a justification referring to one or more of these seven descriptions.

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