Public Audit (Wales) Act 2004

[F1 64D Disclosure of results of data matching etc E+W

(1) This section applies to the following information—

(a) information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,

(b) the results of any such exercise.

(2) Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—

(a) for or in connection with a purpose for which the data matching exercise is conducted,

(b) to a body [F2 or person] mentioned in subsection (3) (or a related party) for or in connection with a function of that body [F2 or person] corresponding or similar to the functions of [F3 the Auditor General] under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or

(c) in pursuance of a duty imposed by or under a statutory provision.

(3) The bodies [F4 and persons] are—

[F5 (a) the Secretary of State,

(aa) the Minister for the Cabinet Office,

(ab) a local auditor within the meaning of the Local Audit and Accountability Act 2014,]

(b) the Auditor General for Scotland,

(c) the Accounts Commission for Scotland,

(d) Audit Scotland,

(e) the Comptroller and Auditor General for Northern Ireland,

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

(4) “ Related party ”, in relation to a body [F6 or person] mentioned in subsection (3), means—

(a) a body or person acting on its behalf,

(b) a body whose accounts are required to be audited by it or by a person appointed by it,

(c) a person appointed by it to audit those accounts.

(5) If the data used for a data matching exercise include 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,

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

(6) In subsection (5)—

(a) “ patient data ” has the same meaning as in section 64C,

(b) “ relevant NHS body ” means—

(i) a Welsh NHS body as defined in section 60,

[F7 (ii) a body mentioned in paragraph (a), (b) or (c) of paragraph 4(12) of Schedule 9 to the Local Audit and Accountability Act 2014 (“relevant NHS body”);]

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

[F8 (iv) a health and social care body mentioned in paragraphs (a) to (e) of section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.]

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

(a) for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

(b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

(c) in pursuance of a duty imposed by or under a statutory provision.

(8) Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—

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

(b) on summary conviction, to imprisonment for a term not exceeding [F9 the general limit in a magistrates’ court], to a fine not exceeding the statutory maximum or to both.

(9) Section 54 does not apply to information to which this section applies.

(10) In this section “ statutory provision ” has the meaning given in section 59(8). ]

Textual Amendments

F1 Pt. 3A inserted (1.3.2008 for s. 64G(1)(3)(4) and 6.4.2008 otherwise) by Serious Crime Act 2007 (c. 27), ss. 73, 94, Sch. 7 para. 4; S.I. 2008/219, art. 3(i); S.I. 2008/755, art. 16

F2 Words in s. 64D(2)(b) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(2); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F3 Words in s. 64D(2)(b) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 65(2) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F4 Words in s. 64D(3) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(3); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F5 Ss. 64D(3)(a)-(ab) substituted for s. 64D(3)(a) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(4); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F6 Words in s. 64D(4) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(5); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F7 S. 64D(6)(b)(ii) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(6); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F8 S. 64D(6)(b)(iv) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 65(3) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F9 Words in s. 64D(8)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C1 S. 64D(8)(b) modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 91(1), 94, Sch. 13 para. 9(b); S.I. 2008/755, art. 16