3 Information relating to the financial or business affairs of any particular person (including the authority holding that information).
Definitions used in Schedule 12A, paragraph 3 2
- financial or business affairs
“financial or business affairs” includes contemplated, as well as past or current, activities;
Defined in Sch.12A para.11(1) · see it in the full Act“financial or business affairs” includes contemplated, as well as past or current, activities;
Defined in Sch.12A para.22(1) · see it in the full Act- the authority
(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —
(a) in the case of a principal council, to any committee or sub-committee of the council; and
(b) in the case of a committee, to —
(i) any constituent principal council;
(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
(c) in the case of a sub-committee, to —
(i) the committee, or any of the committees, of which it is a sub-committee; and
(ii) any principal council which falls within paragraph (b) above in relation to that committee.
Defined in Sch.12A para.22(2) · see it in the full Act(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
(a) in the case of a principal council, to any committee or sub-committee of the council; and
(b) in the case of a committee, to—
(i) any constituent principal council;
(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
(c) in the case of a sub-committee, to—
(i) the committee, or any of the committees, of which it is a sub-committee; and
(ii) any principal council which falls within paragraph (b) above in relation to that committee.
Defined in Sch.12A para.11(2) · see it in the full Act(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.
Defined in s.100F(2E) · see it in the full Act(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.
Defined in s.100F(2B) · see it in the full Act(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.
Defined in s.100F(2B) · see it in the full Act
Cases considering Schedule 12A, paragraph 3 5
Worcestershire Acutehospitals NHS Trust, R (on the application of) v Malvern Hills District Council & Ors
Paragraph 3 covers information relating to the financial or business affairs of a particular person. The court held that commercially sensitive information supplied by the developer and used in the viability appraisals fell within this category. (see paras [62]; [121]-[123])
Holborn Studios Ltd, R (on the application of) v London Borough of Hackney & Anor
The court treated information concerning financial and business affairs as potentially falling within paragraph 3, but held that its exemption had to be assessed in the light of the public interest in disclosure supported by planning policy (see paras [45]; [64]-[65]).
Perry, R (On the Application Of) v Newmark Properties Ltd & Ors
Applies the exemption for information relating to the financial or business affairs of a particular person. In this case the information remained exempt because it related to contractual negotiations concerning affordable housing (see paras [76]-[78]).
- Diego Lourenco v The Information Commissioner & Anor
- Halebank Parish Council, R (on the application of) v Halton Borough Council & Anor
What each judgment says about Schedule 12A, paragraph 3 is in the case-law panel in the full Act.
Amendments and notes
4 notes from legislation.gov.uk
Modifications
- C341Sch. 12A paras. 1-11 applied (with modifications) (5.7.2011) by The South East Lincolnshire Joint Strategic Planning Committee Order 2011 (S.I. 2011/1455), art. 1, Sch. para. 7(1)(c)
- C1355Sch. 12A paras. 1-11 applied (E.) (13.6.2007) by The Luton and South Bedfordshire Joint Committee Order 2007 (S.I. 2007/1412), art. 9, Sch. para. 7(1)(c)
- C1356Sch. 12A paras. 1-11 applied (with modifications) (1.7.2009) by The Cambridge City Fringes Joint Committee Order 2009 (S.I. 2009/1254), art. 9, Sch. para. 7(1)(c)
- C1357Sch. 12A paras. 1-11 applied (with modifications) (12.10.2009) by The Central Lincolnshire Joint Strategic Planning Committee Order 2009 (S.I. 2009/2467), art. 9, Sch. para. 7(c)