F1PART 2A DATA MATCHING

Annotations:
Amendments (Textual)

26DDisclosure of results of data matching

1

This section applies to the following data—

a

data relating to a particular person obtained by or on behalf of Audit Scotland for the purpose of carrying out a data matching exercise, and

b

the results of such an exercise.

2

Data to which this section applies may be disclosed by or on behalf of Audit Scotland if the disclosure is—

a

for, or in connection with, a purpose for which a data matching exercise is carried out,

b

to a Scottish audit agency, or a related party, for, or in connection with a function of that audit agency under—

i

Part 2 of this Act, or

ii

Part 7 of the Local Government (Scotland) Act 1973 (c.65) (finance),

c

to a United Kingdom audit agency, or a related party, for, or in connection with, a function of that audit agency corresponding or similar to—

i

the functions of a Scottish audit agency, or

ii

the functions of Audit Scotland under this Part, or

d

in pursuance of a duty imposed by or under an enactment.

3

“Scottish audit agency”, for the purpose of subsections (2)(b) and (c)(i), means—

a

the Auditor General, or

b

the Accounts Commission.

4

“United Kingdom audit agency”, for the purposes of subsection (2)(c), means—

a

the National Audit Office,

b

the Audit Commission for Local Authorities and the National Health Service in England,

c

the Auditor General for Wales,

d

the Comptroller and Auditor General for Northern Ireland, or

e

a person designated as a local government auditor under article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (NI.18)).

5

“Related party”, in relation to a Scottish or United Kingdom audit agency means—

a

a person acting on its behalf,

b

a body or office holder whose accounts are required to be audited by it or by a person appointed by it, or

c

a person appointed by it to audit those accounts.

6

If the data used for a data matching exercise includes patient data—

a

subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body, and

b

subsection (2)(b) or (c) applies only so far as the function for, or in connection with, which the disclosure is made relates to such a body.

7

In subsection (6)—

  • “patient data” has the same meaning as section 26B(4), and

  • “relevant NHS body” means—

    1. a

      an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),

    2. b

      a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c.18),

    3. c

      a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004 (c.23),

    4. d

      a

8

Data disclosed under subsection (2) may not be further disclosed except—

a

for, or in connection with—

i

the purpose for which it was disclosed under subsection (2)(a), or

ii

the function for which it was disclosed under subsection (2)(b) or (c),

b

otherwise for the investigation or prosecution of an offence, or

c

in pursuance of a duty imposed by or under an enactment.

9

Except as authorised by subsections (2) and (8), a person who discloses data to which this section applies is guilty of an offence and liable—

a

on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both, or

b

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.