Section 11 Confidentiality of staff records.C2 C1

England, Wales and Scotland

(1)

Nothing in F1section 17 of the M1Local Government Finance Act 1982 or F2... section 101 or 106 of the M2Local Government (Scotland) Act 1973 F3(public inspection of accounts etc) shall entitle any person—

(a)

to inspect so much of any document as contains personal information about a member of the relevant body’s staff; or

(b)

to require any such information to be disclosed in answer to any question.

(2)

Information shall be regarded as personal information about a member of the relevant body’s staff if it relates specifically to a particular individual and is available to that body for reasons connected with the fact—

(a)

that that individual holds or has held any office or employment under that body; or

(b)

that payments or other benefits in respect of any office or employment under any other person are or have been made or provided to that individual by that body.

(3)

In this section—

“document” includes accounts, books, deeds, contracts, bills, vouchers and receipts; and
“relevant body” in relation to accounts which are required to be audited in accordance with F4... Part VII of the said Act of 1973, means the body whose accounts are required to be audited F5...;

and references in this section to a payment made or benefit provided to an individual in respect of any office or employment include references to a payment made or benefit provided to him in respect of his ceasing to hold the office or employment.

(4)

This section shall have effect only in relation to—

(a)

the inspection of, or of documents relating to, accounts for periods beginning on or after 1st April 1990; and

(b)

the disclosure of information in answer to questions about such accounts.

Annotations

Textual amendments

F1: Words in s. 11(1) repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(1)(3), 55(2), Sch. 3 para. 18(1)(a), Sch. 5
F2: Words in s. 11(1) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 23(2)(a); S.I. 2015/841, art. 3(x)
F3: Words in s. 11(1) substituted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 23(2)(b); S.I. 2015/841, art. 3(x)
F4: Words in s. 11(3) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 23(3)(a); S.I. 2015/841, art. 3(x)
F5: Words in s. 11(3) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 23(3)(b); S.I. 2015/841, art. 3(x)

Marginal citations

M1: 1982 c. 32.
M2: 1973c. 65.

Modifications

C1: S. 11 applied (S.) (temp.) (6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. entry 11
C2: Pt. I modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 5(4)

Notes on Part I

Modifications

C1

Pt. 1 (ss. 1-21) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Pt. 1 (ss. 1-21): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(i); S.I. 1997/1930, art. 2(1)(2)(m) (subject to art. 2(3))

Pt. 1 (ss. 1-21): extended (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 23, 108(4), Sch. 1 para. 3(13); S.I. 2000/2849, art. 2(c)

C2