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The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005

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2.—(1) Section 54 of the Act is amended as follows–

(2) In subsection (2), omit paragraph (f).

(3) After subsection (2), insert –

(2A) Subsection (2) does not apply in relation to disclosure by a person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 (c. 36)..

(4) After section 54 of the Act, insert –

Disclosure of information by or on behalf of public authorities

54A.(1) This section applies if information relating to a particular body or other person is obtained by the Auditor General for Wales or an auditor, or by a person acting on behalf of the Auditor General for Wales or an auditor–

(a)pursuant to a provision of this Part or of Part 1 of the Local Government Act 1999 (c. 27), or

(b)in the course of an audit, study or inspection under a provision of this Part, section 145C of the Government of Wales Act 1998 (c. 38) or Part 1 of the Local Government Act 1999.

(2) A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 (c. 36), may disclose any such information –

(a)in the circumstances in which he would (but for section 54(2A)) be authorised to do so under section 54(2);

(b)in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or

(c)in any other circumstances, except where such a disclosure would, or would be likely to, prejudice the effective performance by such a person of a function imposed or conferred on the person by or under an enactment.

(3) A person mentioned in subsection (2) who discloses any such information otherwise than as authorised by subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.

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