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.