Descriptions of Exempt Information

The exempt information set out at Schedule 12A to the Local Government Act 1972 Act is as follows:

1. Information relating to any individual.
2. Information which is likely to reveal 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.

The qualifications to the list of exempt information are as follows:

1. Information falling within number 3 above is not exempt information by virtue of that paragraph if it is required to be registered under:
• the Companies Acts (as defined in section 2 of the Companies Act 2006);
• the Friendly Societies Act 1974;
• the Friendly Societies Act 1992;
• the Industrial and Provident Societies Acts 1965 (Co-operative and Community Benefit Societies and Credit Unions Acts 1965) to 1978;
• the Building Societies Act 1986; or
• (f) the Charities Act 2011.
2. 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 Country Planning General Regulations 1992.
3. Information which: falls within any of numbers 1 to 7 above; and is not prevented from being exempt by virtue of number A or B above, is 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.