OpenLegislation

Section 359 Confidential information about waste contracts.

England, Wales and Scotland

(1)

Nothing in section 357 or 358 above shall require a waste authority to provide any information if—

(a)

the information has been provided to the waste authority by another person,

(b)

that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information F1(“confidentiality requirements”),

(c)

F2the waste authority is, by virtue of provision contained in section 94 of the Procurement Act 2023 or in regulations made under that Act, not required to comply with an obligation that, apart from that provision, would otherwise apply to publish or disclose the information under that Act, and

(d)

the provision of the information would be in breach of F3the confidentiality requirements.

(2)

If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—

(a)

by the Mayor, except to a person appointed under section 67(1) or (2)F4, 72(1), 73(1) or 127A(1) above, or

(b)

by such a person, except to another such person.

(3)

For the purposes of subsection (2) above—

  • “confidential information” has the meaning given by section 100A(3) of the M1Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;

  • “exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.

Annotations

Textual amendments

F1

Words in s. 359(1)(b) inserted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 5(5)(a)

F2

S. 359(1)(c) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 5(5)(b)

F3

Words in s. 359(1)(d) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 5(5)(c)

F4

Words in s. 359(2)(a) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(4), 59(7); S.I. 2008/113, art. 2(a)

Marginal citations

M1

1972 c. 70.