Information sharing

Information sharing3

1

This Article applies to any information which is held—

a

by the Department of Finance and Personnel for the purposes of—

i

its functions under the Rates (Northern Ireland) Order 1977 (NI 28) or the Rates (Capital Values, etc.) (Northern Ireland) Order 2006 (NI 4); or

ii

the administration of housing benefit;

b

by the Northern Ireland Housing Executive for the purposes of—

i

its functions under the Housing (Northern Ireland) Orders 1981 to 2003; or

ii

the administration of housing benefit.

2

Information to which this Article applies must, if an authorised officer so requires, be supplied to—

a

the Department; or

b

any person or body providing services to the Department,

for the purpose of enabling or assisting the recipient to make arrangements in connection with the development, introduction and implementation of a charges scheme.

3

Any requirement under paragraph (2) must specify—

a

the description of information which is to be supplied;

b

in the case of information to be supplied to a person other than the authorised officer, the name and address of that person;

c

the form in which the information is to be supplied; and

d

the date by which the information is to be supplied.

4

Such a requirement must not specify under paragraph (3)(d) a date later than 31st March 2007.

5

This Article—

a

does not limit the circumstances in which information may be supplied apart from this Article; but

b

has effect despite any restriction on the purposes for which information may be disclosed or used.

6

In paragraph (2) “a charges scheme” means a scheme for charging for services provided by a person who supplies water through pipes to, or provides sewerage services in respect of, any premises; and the arrangements referred to in that paragraph include in particular—

a

arrangements for identifying those owning or occupying premises;

b

arrangements for identifying those who may be eligible for any special assistance under the scheme and for providing that assistance; and

c

arrangements for billing and recovery of the charges which may be imposed in accordance with the scheme.

7

In this Article—

  • authorised officer” means an officer of the Department authorised for the purposes of this Order by the Department;

  • housing benefit” means housing benefit provided by virtue of a scheme under section 122 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).

Unauthorised disclosure of information relating to particular persons4

1

A person to whom this Article applies commits an offence if he discloses without lawful authority any information—

a

which he acquired in the course of his employment;

b

which is, or is derived from, information supplied under Article 3; and

c

which relates to a particular person.

2

This Article applies to any person who is employed—

a

in the Department; or

b

in the provision of services to the Department for the purposes of any arrangements mentioned in Article 3(2);

and “employment” in relation to any such person shall be construed accordingly.

3

It is not an offence under this Article to disclose information which has previously been disclosed to the public with lawful authority.

4

It is a defence for a person charged with an offence under this Article to show that at the time of the alleged offence—

a

he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or

b

he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

5

A person who is guilty of an offence under this Article shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

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

6

For the purposes of this Article a disclosure of information is to be regarded as made with lawful authority if, and only if, it is made—

a

in accordance with his official duty by a civil servant;

b

by any other person, in accordance with an authorisation given by the Department;

c

in accordance with any statutory provision or order of a court;

d

for the purposes of any criminal proceedings; or

e

with the consent of the person to whom the information relates.