Statutory Exclusions

Under Section 100(A)(4) of the Local Government Act 1972, the public (including the press) may be excluded from Council meetings, if exempt information relating to one of the following paragraphs of Schedule 12A to the Act is likely to be disclosed:

  • Para 1 "Information relates to a particular employee, former employee, applicant to become an employee, office holder, former office holder or applicant to become an office holder."
  • Para 3 "Information relates to a particular occupier or former occupier of, or applicant for, the Council's accommodation."
  • Para 4 "Information relates to a particular applicant for, recipient or former recipient of a service".
  • Para 5 "Information relates to a particular applicant for, recipient or former recipient of financial assistance".
  • Para 7 "Information relates to the financial or business affairs of a particular person."
  • Para 8 "Information relates to the amount of expenditure proposed to be incurred under a particular contract for the acquisition of property, or the supply of goods or services." (see footnote 1 below)
  • Para 9 "Information relates to terms proposed or to be proposed in the course of negotiations for a contract for acquisition or disposal of property, or the supply of goods or services." (see footnote 2 below)
  • Para 10 "Information relates to the identity of the Council as offering a particular tender for a contract for supply of goods or services."
  • Para 11 "Information relates to current or contemplated consultations or negotiations in connection with a labour relations matter arising between the Council and employees or office holders of the Council." (see footnote 3 below)
  • Para 12 "Information relates to instructions to, or opinion of, Counsel and advice received, information obtained or action to be taken in connection with legal proceedings by or against the Council, or the determination of a matter affecting the Council
  • Para 13 "Information would reveal a proposed notice, order or direction under an enactment." (see footnote 4 below)
  • Para 14 "Information relates to action taken, or to be taken, in connection with the prevention, investigation or prosecution of a crime."
  • Para 15 "Information would reveal identity of a protected informant."

Footnotes

  1. Exempt information only if disclosure would give an advantage to someone entering/seeking to enter into a contract with the Council.
  2. The terms can be proposed by or to the Council; the information is exempt only if disclosure would prejudice the Council in negotiations."
  3. The information is exempt only if disclosure would prejudice the Council in negotiations/consultations.
  4. The information is exempt only if disclosure might allow the person affected by the Notice/Order/Direction to defeat its purpose or one of its purposes.

Page last updated on 23 July 2004