SCHEDULES
SCHEDULE 5Use and disclosure of information
10AF1Provision of information by Board for purposes relating to welfare of children
1
This paragraph applies to information, other than information relating to a person’s income, which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance—
a
by the Board, or
b
by a person providing services to the Board, in connection with the provision of those services.
2
Information to which this paragraph applies may be supplied to—
a
a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child;
b
a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child;
c
an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child.
3
Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied—
a
for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above,
b
for the purpose of civil or criminal proceedings, or
c
where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board.
4
Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board.
5
A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made—
a
in accordance with sub-paragraph (3),
b
in accordance with an enactment or an order of a court,
c
with consent given by or on behalf of the person to whom the information relates, or
d
in such a way as to prevent the identification of the person to whom it relates.
6
It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful.
7
A person guilty of an offence under sub-paragraph (5) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
b
on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both;
c
on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
8
In sub-paragraph (2) “child” means a person under the age of eighteen and—
a
in paragraph (a), “local authority” has the meaning given by section 105(1) of the Children Act 1989;
b
in paragraph (b), “local authority” has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and
c
in paragraph (c), “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)).
9
The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.