Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)

Part 10 E+W Schools

Chapter 2 E+W Complaints: England

215 Permitted disclosures of information by Local Commissioner E+W

(1) A Local Commissioner may disclose to Her Majesty's Chief Inspector of Education, Children's Services and Skills any information obtained by the Local Commissioner under or for the purposes of this Chapter if the information appears to the Local Commissioner to relate to a matter in respect of which the Chief Inspector has functions.

(2) A Local Commissioner may disclose to the Parliamentary Commissioner for Administration any information obtained by the Local Commissioner under or for the purposes of this Chapter if the information appears to the Local Commissioner to relate to a matter in respect of which the Parliamentary Commissioner has functions.

(3) A Local Commissioner may disclose to the Information Commissioner any information obtained by the Local Commissioner under or for the purposes of this Chapter if the information appears to the Local Commissioner to relate to—

(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i) Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);

(ii) section 48 of the Freedom of Information Act 2000 (c. 36) (practice recommendations); or

(iii) Part 4 of that Act (enforcement); or

(b) the commission of an offence under—

(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant); or

(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(4) A Local Commissioner may disclose to a [F1 local authority] (within the meaning given by [F2 section 579(1)] of the Education Act 1996 (c. 56)) any information obtained by the Local Commissioner under or for the purposes of this Chapter if the information appears to the Local Commissioner to relate to a matter in respect of which the authority has functions.

(5) A Local Commissioner may disclose to the Secretary of State any information obtained by the Local Commissioner under or for the purposes of this Chapter if the information appears to the Local Commissioner to relate to the Secretary of State's functions under section 220.

(6) Nothing in section 214(1) applies in relation to the disclosure of information in accordance with this section.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)

F2 Words in s. 215(4) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 16(10)

Commencement Information

I1 S. 215 in force at 19.4.2010 for specified purposes by S.I. 2010/303, art. 5, Sch. 4 (with arts. 9-11)

I2 S. 215 in force at 1.9.2010 for specified purposes by S.I. 2010/1151, art. 4, Sch. 2