Public Audit (Wales) Act 2004 (c. 23)

Part 2 E+W Local government bodies in Wales

Chapter 4 E+W GeneralF1

Textual Amendments

F1 S. 54A inserted (20.7.2005 in accordance with art. 1(2) of the amending S.I.) by The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 (S.I. 2005/1018), art. 2(4); S.I. 2005/1911, art. 2, Sch.

54 Restriction on disclosure of information E+W

(1) This section applies if information relating to a particular body or other person is obtained by the Auditor General for Wales or an auditor, or by a person acting on behalf of the Auditor General for Wales or an auditor—

(a) pursuant to a provision of this Part or Part 1 of the Local Government Act 1999 (c. 27), or

(b) in the course of an audit, study or inspection under a provision of this Part, section 145C of the Government of Wales Act 1998 (c. 38) or Part 1 of the Local Government Act 1999.

(2) The information must not be disclosed except in accordance with any of these—

(a) with the consent of the body or person to whom the information relates;

(b) for the purposes of any functions of the Auditor General for Wales or an auditor under this Part or Part 1 of the Local Government Act 1999;

(c) for the purposes of the functions of the Secretary of State relating to social security;

(d) for the purposes of the functions of a Local Commissioner in Wales under Part 3 of the Local Government Act 2000 (c. 22);

(e) for the purposes of any functions of the Assembly which are connected with the discharge of social services functions by local authorities in Wales;

(f) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) for the purposes of any criminal investigation which is being or may be carried out, whether in the United Kingdom or elsewhere;

(h) for the purposes of any criminal proceedings which have been or may be initiated, whether in the United Kingdom or elsewhere;

(i) for the purposes of the initiation or bringing to an end of any such investigation or proceedings;

(j) for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

[F3 (2A) Subsection (2) 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 (c. 36).]

(3) A person commits an offence if he discloses information in contravention of subsection (2).

(4) A person guilty of an offence under subsection (3) is 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;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(5) In subsection (2) “social services functions” has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

(6) The Secretary of State may by order made by statutory instrument amend or repeal the preceding provisions of this section.

(7) An order under subsection (6) may be made only if—

(a) section 49 of the Audit Commission Act 1998 (c. 18) (restriction on disclosure of information) has been amended or repealed in the same Session as that in which this Act is passed or in any later Session;

(b) the Secretary of State thinks that the amendments or repeals to be made by the order under subsection (6) will (subject to paragraph (c)) have the same effect as the amendments to or repeal of section 49 of that Act;

(c) the order would not have the effect of imposing any further restriction on the disclosure of information under this section.

(8) An order under subsection (6) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F2 S. 54(2)(f) omitted (20.7.2005 in accordance with art. 1(2) of the amending S.I.) by virtue of The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 (S.I. 2005/1018), art. 2(2)

F3 S. 54(2A) inserted (20.7.2005 in accordance with art. 1(2) of the amending S.I.) by The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 (S.I. 2005/1018), art. 2(3)

Commencement Information

I1 S. 54 wholly in force at 20.7.2005; s. 54 not in force at Royal Assent see s. 73; s. 54(6)-(8) in force at 31.1.2005 by S.I. 2005/71, art. 2, Sch.; s. 54(1)-(5) in force at 20.7.2005 by S.I. 2005/1911, art. 2, Sch.