Part IV General

Information etc.

49AF1Disclosure of information by or on behalf of public authorities

1

This section applies if information relating to a particular body or other person is obtained by the Commission or an auditor, or by a person acting on behalf of the Commission or an auditor–

a

pursuant to a provision of this Act or of Part 1 of the Local Government Act 1999, or

b

in the course of an audit or study under this Act or under Part 1 of the Local Government Act 1999.

2

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, may disclose any such information–

a

in the circumstances in which he would (but for section 49(1A)) be authorised to do so under section 49(1);

b

in accordance with section 41(4); or

c

in any other circumstances, except where such a disclosure would, or would be likely to, prejudice the effective performance by such a person of a function imposed or conferred on the person by or under an enactment.

3

A person mentioned in subsection (2) who discloses any such information otherwise than as authorised by subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.