Health Service Commissioners Act 1993

15 Confidentiality of information. U.K.

(1) Information obtained by [F1 the Commissioner] or his officers in the course of or for the purposes of an investigation shall not be disclosed except—

(a) for the purposes of the investigation and any report to be made in respect of it,

[F2 (aa) for the purposes of [F3 a matter] which is being investigated by the Parliamentary Commissioner or a Local Commissioner (or both),]

(b) for the purposes of any proceedings for—

(i) an offence under the Official Secrets Acts 1911 to 1989 [F4 or sections 1 to 4 or 18 of the National Security Act 2023] alleged to have been committed in respect of information obtained by virtue of this Act by [F1 the Commissioner] or any of his officers, or

(ii) an offence of perjury alleged to have been committed in the course of the investigation,

(c) for the purposes of an inquiry with a view to the taking of such proceedings as are mentioned in paragraph (b), F5 . . .

(d) for the purposes of any proceedings under section 13 (offences of obstruction and contempt) [F6 or

(e) [F7 where the information is to the effect that any person is likely to constitute a threat to the health or safety of patients]as permitted by subsection (1B).]

[F8 [F9 (1A) Subsection (1B) applies where, in the course of an investigation, [F10 the Commissioner] or any of his officers obtains information which—

(a) does not fall to be disclosed for the purposes of the investigation or any report to be made in respect of it, and

(b) is to the effect that a person is likely to constitute a threat to the health or safety of patients.]

(1B) In [F11 a case within subsection (1)(e)] the Commissioner may disclose the information to any persons to whom he thinks it should be disclosed in the interests of the health and safety of patients [F12 ; and a person to whom disclosure may be made may, for instance, be a body which regulates the profession to which the person mentioned in subsection (1A)(b) belongs or his employer or any person with whom he has made arrangements to provide services.]

(1C) If [F13 the Commissioner] discloses information as permitted by subsection (1B) he shall—

[F14 (a) where he knows the identity of the person mentioned in subsection (1)(e), inform that person that he has disclosed the information and of the identity of any person to whom he has disclosed it, and

(b) inform the person from whom the information was obtained that he has disclosed it.]]

(2) Neither [F15 the Commissioner] nor his officers [F16 nor his advisers] shall be called on to give evidence in any proceedings, other than proceedings mentioned in subsection (1), of matters coming to his or their knowledge in the course of an investigation under this Act.

[F17 (3) The reference in subsection (2) to [F18 the Commissioner's] advisers is a reference to persons from whom the Commissioner obtains advice under paragraph 13 of Schedule 1 F19 ....]

[F20 (4) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.]

Textual Amendments

F1 Words in s. 15(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 47(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F2 S. 15(1)(aa) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 11

F3 Words in s. 15(1)(aa) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 15(2); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F4 Words in s. 15(1)(b)(i) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 11

F5 Word in s. 15(1)(c) repealed (1.4.1996) by 1996 c. 5, ss. 11(2), 13, Sch. 2; S.I. 1996/970, art. 2(1)

F6 S. 15(1)(e) and preceding word “or” inserted (1.4.1996) by 1996 c. 5, s. 11(2); S.I. 1996/970, art. 2(1)

F7 Words in s. 15(1)(e) inserted (1.10.1999 for E.W., 1.3.2000 for S.) by 1999 c. 8, s. 43(2); S.S.I. 2000/38, art. 2

F8 S. 15(1A)-(1C) inserted (1.4.1996) by 1996 c. 5, s. 11(3); S.I. 1996/970, art. 2(1)

F9 S. 15(1A) repealed (1.10.1999 for E.W., 1.3.2000 for S.) by 1999 c. 8, ss. 43(3), 65, Sch. 5; S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F10 Words in s. 15(1A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 47(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F11 Words in s. 15(1B) substituted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(4)(a); S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F12 Words in s. 15(1B) repealed (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, ss. 43(4)(b), 65, Sch. 5; S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F13 Words in s. 15(1C) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 47(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F14 S. 15(1C)(a)(b) substituted (1.10.1999 for E.W., 1.3.2000 for S. otherwiseprosp.) by 1999 c. 8, s. 43(5); S.I. 1999/2540, art. 2(1)(b); S.S.I. 2000/38, art. 2

F15 Words in s. 15(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 47(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F16 Words in s. 15(2) inserted (1.4.1996) by 1996 c. 5, s. 11(4); S.I. 1996/970, art. 2(1)

F17 S. 15(3) inserted (1.4.1996) by 1996 c. 5, s. 11(5); S.I. 1996/970, art. 2(1)

F18 Words in s. 15(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 47(4)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F19 Words in s. 15(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 47(4)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F20 S. 15(4) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2)(b), Sch. 7 para. 5 (with ss. 56, 78)

Modifications etc. (not altering text)

C1 S. 15 excluded by 1974 c. 7, s. 34M(7)(b) (as inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2)