Commissioner for Older People (Wales) Act 2006

Disclosure of information etc. E+W

18 Power to disclose information E+W

(1) This section applies to—

(a) information obtained by the Commissioner in the discharge of any of his functions;

(b) information obtained by the Commissioner from the Public Services Ombudsman for Wales by virtue of section [F1 34V] of the Public Services Ombudsman (Wales) Act 2005 (c. 10) (working jointly with the Commissioner for Older People in Wales);

(c) information obtained by the Commissioner from another ombudsman by virtue of any provision in an enactment relating to that ombudsman which corresponds to any provision of section 17;

(d) information obtained by the Commissioner from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36) (disclosure between Information Commissioner and ombudsmen).

(2) Information to which this section applies must not be disclosed except where its disclosure is authorised by subsection (3).

(3) The Commissioner may disclose information to which this section applies—

(a) for the purpose of the discharge of any of his functions;

(b) if he is satisfied that the condition in subsection (4) is met and the disclosure is to a permitted person;

(c) for the purpose of proceedings for an offence of perjury alleged to have been committed in the course of an examination by the Commissioner under regulations made under section 10;

(d) for the purpose of an inquiry with a view to the taking of proceedings mentioned in paragraph (c);

(e) for the purpose of proceedings under section 11;

(f) if the information is to the effect that a person is likely to constitute a threat to the health or safety of one or more persons and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest;

(g) if the information is information to which subsection (6) applies and the disclosure is to the Information Commissioner;

(h) if the information was obtained by the Commissioner more than 70 years before the date of the disclosure and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest.

(4) The condition is that the disclosure is—

(a) appropriate for the purpose of the discharge by the permitted person of any of his functions; and

(b) in the public interest.

(5) In determining for the purpose of this section whether disclosure of information is in the public interest, the Commissioner must take into account the interests of—

(a) any person to whom the information relates; and

(b) such other persons he thinks appropriate.

(6) This subsection applies to information if it appears to the Commissioner to relate to—

(a) a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (7); or

(b) the commission of an offence mentioned in subsection (8).

(7) The enactments are—

(a) Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);

(b) section 48 of the Freedom of Information Act 2000 (c. 36) (practice recommendations); and

(c) Part 4 of that Act (enforcement).

(8) The offences are those under—

(a) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 to that Act (obstruction of execution of a warrant); or

(b) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(9) In this section—

• “other ombudsman” has the same meaning as in section 17;

• “permitted person” means—

  (a)

  the [F2 Welsh Ministers];

  (aa)

  [F3 the First Minister for Wales;

  (ab)

  the Counsel General to the Welsh Assembly Government;]

  (b)

  the Public Services Ombudsman for Wales;

  (c)

  the Children's Commissioner for Wales;

  (d)

  the Children's Commissioner;

  (e)

  the Commissioner for Children and Young People for Northern Ireland;

  (f)

  a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c. 52);

  (g)

  a council for a county or county borough in Wales;

  (h)

  a council for a county or district in England;

  (i)

  a council for a London borough;

  (j)

  a chief of police of a police force for a police area;

  (k)

  the chief constable of the British Transport Police Force.

(10) The [F4 Welsh Ministers] may by order amend the definition of “permitted person” in subsection (9) by—

(a) adding a person;

(b) omitting a person;

(c) changing a description of a person.

Textual Amendments

F1 Word in s. 18(1)(b) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199, Sch. 3 para. 33; S.I. 2014/2718, art. 2(b)

F2 Words in s. 18(9)(a) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 137(2)(a)

F3 S. 18(9)(aa)(ab) inserted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 137(2)(b)

F4 Words in s. 18(10) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 137(3)

19 Protection against defamation E+W

(1) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of a matter by the Commissioner in a report made under regulations made under section 15 or paragraph 8 of Schedule 1;

(b) the publication in communications between the Commissioner and the Public Services Ombudsman for Wales or another ombudsman of a matter which the Commissioner is permitted to disclose to that ombudsman by virtue of subsection (3)(a) of section 18;

(c) the publication in communications from the Commissioner to a person mentioned in subsection (3) of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10.

(2) For the purposes of the law of defamation, the publication in communications from a person mentioned in subsection (3) to the Commissioner of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10 has qualified privilege.

(3) The persons referred to in subsections (1)(c) and (2) are—

(a) the person whose case is being examined;

(b) a person whose conduct is the subject of the examination;

(c) a person with whom the Commissioner is communicating for the purpose of obtaining information about the case; and

(d) a person acting on behalf of a person falling within paragraphs (a) to (c).

(4) In this section “other ombudsman” has the same meaning as in section 17.