Exempt Information

Exclusion of access by the public to meetings

Confidential information – requirement to exclude public

The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.

Exempt information – discretion to exclude public

The public may be excluded from meetings whenever the Monitoring Officer considers that it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed.

Meaning of confidential information

Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by court Order.

Meaning of exempt information

Exempt information means information falling within the following seven categories (subject to any qualification):

Information relating to any individual
Information which is likely to reveal the identity of an individual
Information relating to the financial or business affairs of any particular person (including the authority holding that information)
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or Minister of the Crown and employees of, or office holders under, the authority
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings
Information which reveals that the authority proposes -
- to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- to make an order or direction under any enactment
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime

Qualifications

Information falling within paragraph 3 above is not exempt information if it is required to be registered under the Companies Act 1985, the Friendly Societies Acts of 1974 or 1992, the Industrial and Provident Societies Acts 1965 to 1978, the building Societies Act 1986 or the Charities Act 1993

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

Information which –

Falls within any of paragraphs 10.4.1 to 10.4.7 above; and
Is not prevented from being exempt by virtue of paragraphs 10.5.1 or 10.5.2 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

In relation to Standards Committees and Sub-Committees only

Information which is subject to any obligation of confidentiality.

Information which relates in any way to matters concerning national security.

The deliberations of standards committee or of a sub-committee of a standards committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred to under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act.

Exclusion of access by the public to reports

If the Monitoring Officer thinks fit, the Council may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed.

Application of the rules to the Cabinet

These rules apply to the Cabinet making decisions unless Rules 15 or 16 below apply.

Procedure before taking decisions

Subject to Rule 15 (general exception) and Rule 16 (special urgency), a decision may not be taken by the Cabinet unless:

A notice (called here a Forward Plan) has been published in connection with the matter in question
The consultation requirements set out in the Forward Plan have been met
At least 14 days have elapsed since the publication of the Forward Plan; and
Where the decision is to be taken at a meeting of the Cabinet, notice of the meeting has been given in accordance with Rule 4 (notice of meetings).

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Page updated: 26 Jan 2008