Audit Commission Act 1998 (repealed)

[F1 32D 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 Commission 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 Commission if the disclosure is—

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

(b) to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Part 2 or the functions of the Commission under this Part, or

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

(3) The bodies are—

(a) the Auditor General for Wales,

(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 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 32C,

(b) “relevant NHS body” means—

(i) a health service body,

(ii) a Welsh NHS body,

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

(iv) a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.

(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 12 months, to a fine not exceeding the statutory maximum or to both.

(9) Section 49 does not apply to information to which this section applies.

(10) In this section, “body” includes office.]

Textual Amendments

F1 Pt. 2A inserted (1.3.2008 for the insertion of s. 32G(1)(3)(4); 6.4.2008 in force so far as not already in force) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 7 para. 2; S.I. 2008/219, art. 3(h); S.I. 2008/755, art. 16(a)

Modifications etc. (not altering text)

C1 S. 32D(8)(b) modified (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 13 para. 9(a); S.I. 2008/755, art. 16(c)