Schedule 12A LGA 1972 as amended on 1/3/2006

Question

At our meeting tonight the Clerk claimed that the above Legislation only applied to Principle Authorities and not Parish Councils
I know on the site it’s been said many times it does apply to Parishes so where in the Legislation does it confirm this

Answer 1

Schedule 12A of the 1972 Act defines which types of Information can be exempt from being disclosed at meetings and in repsonse to Freedom of Information requests.  A number of Acts came into force after 2006 and I think I am right in saying that the exempt information applies to Parish and Town  Councils.via The Openness of Local Government Bodies Regulations 2014.

Comments

Graham from what I can see the 2014 Act only covers recording and reporting not whether the public or press can attend

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I think it covers access to all info, not just that made available at meetings.  Theimplication of it not applying to Parish Councils would mean that they would not be able to claim an exemption under FOI for providing exempt information!  The act says "Confidential and exempt information

9.—(1) Nothing in this Part is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(2) Nothing in this Part—

b)requires a relevant local government body to disclose to the public or make available for public inspection any document or part of a document if, in the opinion of the proper officer, that document or part of a document contains or is likely to contain exempt information.

The Proper Officer of a Town or Parish Council is the Clerk.  Town & Parish Councils are defined in the act as relevant local govt bodies  in Part 3

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Thank you Graeme much appreciated