91BCooperation and the sharing of information: Wales

1

Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions—

a

any function of a local authority under this Act,

b

any function of a Welsh fire and rescue authority under—

i

section 6 or 7 of the Fire and Rescue Services Act 2004, or

ii

the Regulatory Reform (Fire Safety) Order 2005, and

c

any function of a fire inspector under that Order.

2

A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.

3

The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—

a

a function of the Welsh Ministers under Part 2A;

b

a function mentioned in the relevant paragraph of subsection (1).

4

The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—

a

a function of the Welsh Ministers under Part 2A, or

b

 a function mentioned in the relevant paragraph of subsection (1).

5

A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—

a

a function mentioned in the relevant paragraph of subsection (1), or

b

a function of the Welsh Ministers under Part 2A.

6

In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.

7

In this section—

• “fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;

• “relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector;

• “relevant function” means—

  1. a

     in relation to a local authority, any function of a local authority under—

     1. i

        the Prevention of Damage by Pests Act 1949,

     2. ii

        Part 2 of the Public Health Act 1961,

     3. iii

        Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,

     4. iv

        Part 3 of the Environmental Protection Act 1990,

     5. v

        Parts 1 to 4 of the Housing Act 2004, or

     6. vi

        this Act,

     or any prescribed function of a local authority;

  2. b

     in relation to a Welsh fire and rescue authority, any function of such an authority under—

     1. i

        the Fire and Rescue Services Act 2004, or

     2. ii

        the Regulatory Reform (Fire Safety) Order 2005,

     or any prescribed function of such an authority;

  3. c

     in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;

• “Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.

8

Except as provided by subsection (9), the disclosure of information under this section does not breach—

a

any obligation of confidence owed by the person making the disclosure, or

b

any other restriction on the disclosure of information (however imposed).

9

This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).