Anticipated reasons for restriction

By virtue of paragraph(s) 3, 5 of Part 1 of Schedule 12A of the Local Government Act 1972.

Explanation of Reasons

• By Virtue of Paragraph 3

  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

  Condition:

  Information is not exempt if it is required to be registered under-

  • The Companies Act 1985
  • The Friendly Societies Act 1974
  • The Friendly Societies Act 1992
  • The Industrial and Provident Societies Acts 1965 to 1978
  • The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)
  • The Charities Act 1993

  Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

  Information is not exempt 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(a).

• By Virtue of Paragraph 5

  Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

  Condition:

  Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

  Information is not exempt 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.

Reason restricted justification

Appendix 1 contains exempt information under Paragraphs 3 and 5 of part 1 of Schedule 12A of the Local Government Act 1972 as it contains information relating to the business affairs of the Council and information from Serco which has been provided to the Council on a confidential basis and legal advice that attracts legal professional privilege. Failure to maintain confidentiality may expose the Council to legal action and disclosure of the legally privileged advice could lead to loss of privilege and the need to disclose the advice in legal proceedings.