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(1)No information relating to a particular body or other person and obtained by the Commission or an auditor, or by a person acting on behalf of the Commission or an auditor, pursuant to any provision of this Act [F1or of Part I of the Local Government Act 1999] or in the course of any audit or study under any such provision shall be disclosed except—
(a)with the consent of the body or person to whom the information relates;
(b)for the purposes of any functions of the Commission or an auditor under this Act [F2or under Part I of the 1999 Act];
[F3(ba)to the Commission for Social Care Inspection for the purposes of its functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003;
(bb)to the National Assembly for Wales for the purposes of its functions under Chapter 4 of that Part of that Act;]
(c)in the case of a health service body, for those purposes or for the purposes of the functions of the Secretary of State and the Comptroller and Auditor General under the M1National Health Service Act 1977 [F4 or for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Chapter 3 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003];
(d)for the purposes of the functions of the Secretary of State relating to social security;
[F5(da)for the purposes of any function of the Auditor General for Wales under the Public Audit (Wales) Act 2004 or (in relation to a health service body) under the Government of Wales Act 1998;]
[F6(dd)to the Mayor of London, where the information relates to the Greater London Authority or a functional body;]
[F7(dd)for the purposes of the functions of an ethical standards officer or a Local Commissioner in Wales under Part III of the Local Government Act 2000]
F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)for the purposes of any criminal proceedings.
[F9(1A)Subsection (1) does not apply in relation to disclosure by a person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000.]
(2)References in subsection (1) to studies and to functions of the Commission do not include studies or functions under section 36.
(3)A person who discloses information in contravention of subsection (1) is guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Textual Amendments
F1Words in s. 49(1) inserted (27.9.1999 subject to art. 3(2)(b) of S.I. 1999/2169 and otherwise 1.10.1999) by 1999 c. 27, art. 22(5)(a); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2
F2Words in s. 49(1)(b) inserted (27.9.1999 subject to art. 3(2)(b) S.I. 1999/2169 and otherwise 1.10.1999) by 1999 c. 27, art. 22(5)(b); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2
F3S. 49(1)(ba)(bb) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 12(10)(a); S.I. 2004/759, art. 9
F4Words in s. 49(1)(c) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 12(10)(b); S.I. 2004/759, art. 9
F5S. 49(1)(da) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 33; S.I. 2005/558, art. 2, Sch. 1
F6S. 49(1)(dd) inserted (8.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 133(2), Sch. 8 para. 11 (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4
F7S. 49(1)(dd) inserted after s. 49(1)(d) (19.12.2000 (E.) and for specified purposes (W.) and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4)-(6), Sch. 5 para. 30; S.I. 2000/3335, art. 2
F8S. 49(1)(e) omitted (1.1.2005) by virtue of The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), arts. 1, 8(2)(a)
F9S. 49(1A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), arts. 1, 8(2)(b)
Modifications etc. (not altering text)
C1S. 49(1): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2), Sch. 4 Pt. I para. 41
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