Q&As

What are the sanctions for failure to comply with the Local Authorities (Access to Information) (Variation) Order 2006 which amends Part 1 of Schedule 12A to the Local Government Act 1972?

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Published on: 27 August 2019
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As a general rule, meetings of local authorities (and their committees and sub-committees) should be open to the public and members of the public should be able to access the agenda, reports and Background papers being considered at that meeting as well as the minutes of the meeting itself. This general rule can be found in sections 100A-100F of the Local Government Act 1972 (LGA 1972).

However, that general rule does not apply where ‘Exempt information’ is concerned.

By LGA 1972, s 100I, ‘exempt information’ is information falling within the categories set out (for principal authorities in England) in LGA 1972, Sch 12A, Pt 1.

LGA 1972, Sch 12A was replaced by a brand new version of the schedule by the enactment of the Local Authorities (Access to Information) (Variation) Order 2006 (the Order), SI 2006/88.

Matt Lewin
Matt Lewin

Cornerstone Barristers

Matt is a public law barrister, whose clients range from government departments to parish councils. His work includes advocacy in court and at public inquiries, investigations, reviews, training, public speaking and advisory work on a diverse range of public law issues, for clients across England and Wales. He is a member of both the Attorney General's and the Equality and Human Rights Commission's C panels of counsel.

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Sanctions definition
What does Sanctions mean?

The court can impose sanctions on parties to civil litigation who fail to comply with relevant rules, practice directions and court orders. These sanctions include striking out a party's claim or defence. A party can apply for relief from sanctions under Rule 3.9 of the CPR.

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