Local Government Act 1972, section 100I

Exempt information and power to vary Schedule 12A

Part VA Access to Meetings and Documents of Certain Authorities, Committees and Sub-Committees.

(1)[F465 In relation to principal councils in England,F465] the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 12A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the [F466 interpretation of Parts 1 to 3 of that ScheduleF466] .

[F467 (1A)In relation to principal councils in Wales, the descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part 4 of Schedule 12A to this Act, but subject to any qualifications contained in Part 5 of that Schedule; and Part 6 has effect for the interpretation of Parts 4 to 6 of that Schedule.F467]

(2)[F468 The appropriate personF468] may by order vary Schedule 12A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3)[F468 The appropriate personF468] may exercise the power conferred by subsection (2) above by amending any Part of Schedule 12A to this Act, with or without amendment of any other Part.

[F469 (3A) In this section “the appropriate person” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the National Assembly for Wales.F469]

(4)Any statutory instrument containing an order under this section [F470 made by the Secretary of StateF470] shall be subject to annulment in pursuance of a resolution of either House of Parliament.F464]

Definitions used in section 100I 5

principal council

“principal council” means a council elected for a principal area;

Defined in s.270(1) · see it in the full Act

“principal council” shall be construed in accordance with section 100J above.

Defined in s.100K(1) · see it in the full Act
England

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act
information

“information” includes an expression of opinion, any recommendations and any decision taken;

Defined in s.100K(1) · see it in the full Act
exempt information

“exempt information” has the meaning given by section 100I above;

Defined in s.100K(1) · see it in the full Act
Wales

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act

Cases considering section 100I 3

Wild Justice, R (on the application of) v Pembrokeshire Coast National Park Authority

[2025] EWHC 2249 (Admin) · 5 September 2025Limits

The court considered the statutory exemptions and held that the Concordat was not exempt information under this provision; if it had otherwise been a background paper, confidentiality would not have prevented disclosure (see para [82]).

Worcestershire Acutehospitals NHS Trust, R (on the application of) v Malvern Hills District Council & Ors

[2023] EWHC 1995 (Admin) · 31 July 2023Defines

Section 100I was identified as the provision through which Schedule 12A defines categories of exempt information, subject to its qualifications. (see para. [61])

Holborn Studios Ltd, R (on the application of) v London Borough of Hackney & Anor

[2020] EWHC 1509 (Admin) · 11 June 2020

The court noted that section 100I addressed exempt information by cross-reference to Schedule 12A. The operative analysis concerned whether the public-interest exception justified withholding the viability material (see paras [45]; [64]).

What each judgment says about section 100I is in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F464Pt. VA (ss. 100A–100K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 1(1)
  2. F465Words in s. 100I(1) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88, art. 3(2)
  3. F466Words in s. 100I(1) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88, art. 3(2)
  4. F467S. 100I(1A) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88, art. 3(3)
  5. F468Words in s. 100I(2)(3) substituted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88, art. 3(4)
  6. F469S. 100I(3A) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88, art. 3(5)
  7. F470Words in s. 100I(4) inserted (1.3.2006) by The Local Government (Access to Information) (Variation) Order 2006 (S.I. 2006/88, art. 3(6)

Modifications

  1. C339S. 100I 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)(b)
  2. C340S. 100I applied (with modifications) (W.) (28.7.2001) by S.I. 2001/2283, regs. 26, 27
  3. 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)
  4. C342S. 100I(1) 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)(b)
  5. C343S. 100I(1) 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)(b)
  6. C344S. 100I(1) 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(b)
  7. C345S. 100I(1) applied (with modifications) (1.4.2015) by The Local Audit (Auditor Panel) Regulations 2014 (S.I. 2014/3224), regs. 1(1), 9(2) (with reg. 1(3))
  8. C346S. 100I(2) extended (E.W.) by Health Services Joint Consultative Committees (Access to Information) Act 1986 (c. 24, SIF 113:2), ss. 2(3), 4 and by Community Health Councils (Access to Information) Act 1988 (c. 24,SIF 113:2), s. 1(5)