Anticipated reasons for restriction

Recommissioning of the Integrated Community Equipment Service (ICES)

By virtue of paragraph(s) 3 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 falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under—(a)the Companies Acts (as defined in section 2 of the Companies Act 2006); (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

    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—(a)falls within any of paragraphs 1 to 7 above; and (b)is not prevented from being exempt by virtue of paragraph 8 or 9 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

Reason restricted justification

Appendix 1 is exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972 and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Disclosure in this instance would be indicated by the public interest in the contract because of its financial value and the importance of the service involved. However, there is a clear argument against disclosure in that it would be a clear breach of commercial confidentiality and would risk challenge, given that the procurement process would not be fully completed. Whilst the public interest in disclosure is apparent, the risks arising are significant for the council's reputation and legal position. Therefore, exemption would be justified.