9. 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 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.
Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6.
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 seven categories - subject to any condition – as shown on pages 44 and 45:
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Paragraph
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Category |
Conditions – Apply to all Categories |
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1 |
Information relating to any individual |
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2 |
Information which is likely to reveal the identity of an individual |
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3 |
Information relating to the financial or business affairs of any particular person (including the authority holding that information) |
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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 |
1. Information falling within Paragraph 3 is not exemption if it is required to be registered under—
a. the Companies Act 1985;
b. the Friendly Societies Act 1974;
c. the Friendly Societies Act 1992;
d. the Industrial and Provident Societies Acts 1965 to 1978;
e. the Building Societies Act 1986; or
f. the Charities Act 1993.
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 & Country Planning General Regulations 1992.
3. Information which:
a. falls within any of the Paragraphs 1 to 7; and
b. is not prevented from being exempt by virtue of 1 and 2 above, is exempt information if and so long, as all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. |
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5 |
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings |
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6 |
Information which reveals that the authority proposes:
a. to give under any enactment
a notice under or by virtue
of which requirements are
imposed on a person; or
b. to make an order or
direction under any
enactment |
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7 |
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of a crime |
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Where a meeting of a Standards Board or a sub-committee of a Standards Board is convened to consider a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of the Local Government Act 2000 the provisions of Schedule 12A of the 1972 Local Government Act shall apply with the addition of the following descriptions of exempt information . These are also subject to Condition 3 - Public Interest Test: |
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Paragraph
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Category |
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7A |
Information which is subject to any obligation of confidentiality |
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7B |
Information that relates in any way to matters concerning national security. |
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7C |
The deliberations of a Standards Board or of a sub-committee of a Standards Board established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act. |
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