SCHEDULES

SCHEDULE 10Audit of accounts of NHS foundation trusts

Restriction on disclosure of information

8

1

No information relating to an NHS foundation trust or other person and obtained by an auditor (or by a person acting on the auditor's behalf) under this Chapter or in the course of an audit under this Chapter may be disclosed except—

a

with the consent of the person to whom the information relates,

b

for the purposes of any functions of an auditor of an NHS foundation trust,

c

for the purposes of the functions of F3NHS England,

d

for the purposes of the functions of the Comptroller and Auditor General under this Chapter,

e

for the purposes of the functions of F1the Care Quality Commission,

f

for the purposes of any criminal proceedings.

2

A person who discloses information in contravention of sub-paragraph (1) is guilty of an offence.

3

A person guilty of an offence under sub-paragraph (2) is liable—

a

on summary conviction, to imprisonment for a term not exceeding F4the general limit in a magistrates’ court 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).

4

In relation to an offence committed before F22 May 2022 the reference in sub-paragraph (3) to a period of imprisonment of 12 months is a reference to a period of imprisonment of 6 months.