Information relating to any particular applicant for, or recipient or former
recipient of, any financial assistance provided by a relevant body.
The amount of any expenditure proposed to be incurred by a relevant body
under any particular contract for the acquisition of property or the supply of
Any terms proposed or to be proposed by or to a relevant body in the course
of negotiations for a contract for the acquisition or disposal of property or
the supply of goods or services.
The identity of a relevant body (as well as of any other person, by virtue of
paragraph 6) as the person offering any particular tender for a contract for
the supply of goods or services.
Information relating to any consultations or negotiations, or contemplated
consultations or negotiations, in connection with any labour relations matter
arising between a relevant body or a Minister of the Crown and employees
of, or office-holders under, a relevant body.
Any instructions to counsel and any opinion of counsel (whether or not in
connection with any proceedings) and any advice received, information
obtained or action to be taken in connection with—
any legal proceedings by or against a relevant body, or
the determination of any matter affecting a relevant body,
(whether, in either case, proceedings have been commenced or are in
Information relating to a particular person who was included in a list of
persons undertaking to provide services under Part 2 of the National Health
Service Act 1977 (c. 49).
Information relating to a particular person who is, or was formerly, included
in, or is an applicant for inclusion in—
a pharmaceutical list, or
a pharmaceutical list or ophthalmic list under the National Health
Service (Wales) Act 2006 (c. 00).
Information relating to a particular person who—
provided primary medical services, primary dental services or
primary ophthalmic services under a contract under section 28K,
28Q or 28WA of the National Health Service Act 1977, or
was included in a list under section 28X of that Act.
Information relating to a particular person who—
is, or was formerly, providing primary medical services, primary
dental services or primary ophthalmic services under a contract
is, or was formerly, included in, or is an applicant for inclusion in, a
references to primary medical services and primary dental services
include such services provided under the National Health Service
references to provisions of this Act include references to
corresponding provisions of that Act.
Information relating to any particular employee, former employee, or
applicant to become an employee, of a person referred to in paragraph 10,
Information relating to the physical or mental health of a particular
Information relating to a person of a description specified in any of
paragraphs 1 to 4 and 10 to 14 of Part 1 is not exempt information by virtue
of that paragraph unless it relates to an individual of that description in the
capacity indicated by the description.
Information falling within paragraph 5 of Part 1 is exempt information if and
so long as disclosure to the public of the amount there referred to would be
likely to give an advantage to a person entering into, or seeking to enter into,
a contract with a relevant body in respect of the property, goods or services,
whether the advantage would arise as against that body or as against other
Information falling within paragraph 6 of Part 1 is exempt information if and
so long as disclosure to the public of the terms would prejudice a relevant
body in those or any other negotiations concerning the property or goods or
Information falling within paragraph 8 of Part 1 is exempt information if and
so long as disclosure to the public of the information would prejudice a
relevant body in those or any other consultations or negotiations in
connection with a labour relations matter arising as mentioned in that
“disposal”, in relation to property, includes the granting of an interest
“employee” means a person employed under a contract of service,
“labour relations matter” means—
any of the matters specified in paragraphs (a) to (g) of section
178(2) of the Trade Union and Labour Relations
(Consolidation) Act 1992 (c. 52) (matters which may be the
subject of a collective agreement), or
any dispute about a matter falling within paragraph (a),
and for the purposes of this definition the enactments mentioned in
paragraph (a), with the necessary modifications, apply in relation to
office-holders under a relevant body as they apply in relation to
employees of a relevant body,
“office-holder”, in relation to a relevant body, means the holder of any
paid office appointments to which are or may be made or confirmed
by the body or by any person who holds any such office or is an
Section 75 arrangements: transfer of staff
This Schedule applies where, under any arrangements under regulations
under section 75, any functions of a body (“the transferor”) will be exercised
by another body (“the transferee”).
Orders transferring staff
The Secretary of State may by order transfer to the transferee any specified
description of employees of the transferor.
An order may be made under this paragraph only if any prescribed
requirements about consultation have been complied with in relation to
each of the employees to be transferred.
Effect of order on contracts of employment
The contract of employment of an employee transferred by an order under
is not terminated by the transfer, and
has effect from the date of the transfer as if originally made between
the employee and the transferee.
all the rights, powers, duties and liabilities of the transferor under or
in connection with the employee’s contract of employment are by
virtue of this sub-paragraph transferred to the transferee, and
anything done before the date of the transfer by or in relation to the
transferor in respect of the employee or his contract of employment
is deemed from that date to have been done by or in relation to the
Sub-paragraphs (1) and (2) do not transfer an employee’s contract of
employment, or the rights, powers, duties and liabilities under or in
connection with it, if he informs the transferor or the transferee that he
Where an employee objects as mentioned in sub-paragraph (3), his contract
of employment with the transferor is terminated immediately before the
date on which the transfer would occur; but he must not be treated, for any
purpose, as having been dismissed by that body.
This paragraph does not affect any right of an employee transferred by an
order under paragraph 2 to terminate his contract of employment if a
substantial change is made to his detriment in his working conditions; but
no such right arises by reason only that, under this paragraph, the identity
of his employer changes unless the employee shows that, in all the
circumstances, the change is a significant change and is to his detriment.
Effect of order on pension rights
An order under paragraph 2 may provide that, in the case of an employee of
any specified description who is transferred by the order, paragraph 3 does
not apply in relation to—
so much of the employee’s contract of employment as relates to
relevant pension provisions, or
any rights, powers, duties or liabilities under or in connection with
that contract, or otherwise arising in connection with the employee’s
employment, and relating to such provisions.
If an order under paragraph 2 provides as mentioned in sub-paragraph (1),
the order may in relation to any such employee make such provision (if any)
as the Secretary of State considers appropriate with respect to all or any of
the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.
The provision which may be made by virtue of sub-paragraph (2) includes
for any such employee’s contract of employment with the transferee
to have effect with any specified modifications,
for relevant pension provisions of any specified description to have
effect in the case of any such employee with any such modifications.
In this paragraph “relevant pension provisions” means the provisions of an
occupational pension scheme within the meaning of the Pension Schemes
Act 1993 (c. 48), with the exception (if the order under paragraph 2 so
provides) of any provisions of such a scheme falling within a description
Where an employee will be transferred by an order under paragraph 2 but
will continue to be employed for certain purposes by the transferor, the
order may provide that the contract of employment of the employee is, on
the date on which the employee is transferred, divided so as to constitute
two separate contracts of employment between the employee and the
transferor and between the employee and the transferee.
Where an employee’s contract of employment is divided as provided under
the order must provide for paragraph 3 to have effect in the case of
the employee and his contract of employment subject to appropriate
paragraph 4 similarly applies only so far as appropriate in
connection with the employee’s employment by the transferee.