By virtue of paragraph(s) 3 of Part 1 of Schedule 12A of the Local Government Act 1972.

Explanation of Reasons

• By Virtue of Paragraph 3

  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

  Condition:

  Information falling within paragraph 3 above is not exempt information by virtue of that paragraph if it is required to be registered under-(a)the Companies Acts (as defined in section 2 of the Companies Act 2006); (b)the Friendly Societies Act 1974; (c)the Friendly Societies Act 1992; (d)the Industrial and Provident Societies Acts 1965 to 1978; (e)the Building Societies Act 1986; or (f)the Charities Act 1993

  Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992

  Information which-(a)falls within any of paragraphs 1 to 7 above; and (b)is not prevented from being exempt by virtue of paragraph 8 or 9 above, is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information

Reason restricted justification

The content of this report presents the Council with the real prospect of receipt of potential procurement claim(s) from the other parties on the LCP framework.

Regulation 72 allows amendments to a contract up to a maximum of 50% of the original contract value. Where there have been a number of variations this assessment is calculated upon the basis of the cumulative value of the variations. The valuations for each contract, in this instance, exceed this level. The variations therefore are not variations for the purposes of procurement law. They constitute new awards which fall below the full competition requirements. The varied terms of the contracts should have been extended to all framework parties who were ultimately denied that opportunity.

Therefore, the public interest in knowing the information in the report is significantly outweighed by the public interest in maintaining the exemption due to the highly anticipated detriment to the public purse in the event the d