Part 3F9Assessments of effectiveness of education and training etc
Provision of courses of study
F186Learning aims for persons aged 19 and over
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F10...
S. 87 crossheading omitted (26.5.2015) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 78(4)(b), 164(3)(f)
I187Benefit and training information
1
Information within subsection (2) or (3) may be—
a
used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, or
b
disclosed to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.
2
Information is within this subsection if—
a
it is about an individual F2..., and
b
it is held by the Secretary of State for the purposes of any function of the Secretary of State relating to social security.
3
Information is within this subsection if—
a
it is about an individual F3...,
b
it is held by the Secretary of State or a devolved authority, and
c
it relates to any training or course of education undertaken by the individual F4....
4
For the purposes of this section and sections 88 to 90, “assessment function” means any of the following functions—
a
evaluating the effectiveness of training or education F5...;
b
assessing policy in relation to the provision of F6... training or education;
c
assessing policy in relation to social security or employment as it affects the provision of or participation in F7... training or education.
I288Revenue and Customs information
1
The Commissioners for Her Majesty's Revenue and Customs may disclose information relating to income tax or tax credits to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.
2
The reference in subsection (1) to the Commissioners for Her Majesty's Revenue and Customs includes a reference to a person authorised by the Commissioners.
I389Use of information
1
Information disclosed to a person in reliance on section 87(1)(b) or 88 may be used by that person only in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.
2
Subsection (3) applies where information about an individual is used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority—
a
in reliance on section 87(1)(a), or
b
under subsection (1) above.
3
So far as is reasonably practicable, the information must not be used in such a way that the identity of the individual is disclosed to, or capable of being discovered by, a person carrying out an evaluation or assessment of a kind mentioned in section 87(4)(a) to (c).
I490Wrongful onward disclosure of information
1
This section applies to information—
a
used in reliance on section 87(1)(a), or
b
disclosed in reliance on section 87(1)(b) or 88.
2
A person commits an offence if—
a
the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and
b
the information relates to a person whose identity is specified in or can be deduced from the disclosure.
3
It is a defence to prove that a person charged with the offence reasonably believed—
a
that the disclosure was lawful, or
b
that the information had already and lawfully been made available to the public.
4
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding F12the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum or to both.
5
A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions.
6
I591Information: supplementary
1
This section applies for the purposes of sections 87 to 90.
2
Nothing in these sections affects the use or disclosure of information by virtue of—
a
section 3 of the Social Security Act 1998 (c. 14);
b
any other enactment or rule of law.
3
These are the devolved authorities—
a
the Scottish Ministers;
b
the Welsh Ministers.
4
A reference to the Secretary of State includes a reference to a person providing services to the Secretary of State.
5
A reference to a devolved authority includes a reference to a person providing services to the authority.
F86
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Pt. 3 heading substituted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 78(4)(a), 164(3)(f)