(1)The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations.
(2)Before preparing or altering the code, the Secretary of State must consult—
(a)any specified anti-fraud organisation;
(b)the Information Commissioner; and
(c)such other persons as the Secretary of State considers appropriate.
(3)A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
(4)Nothing in this section applies in relation to any disclosure by a relevant public authority of information whose subject-matter is a matter about which provision would be within the legislative competence of the Scottish Parliament if it were included in an Act of the Scottish Parliament.
(5)The Secretary of State must—
(a)lay a copy of the code, and of any alterations to it, before Parliament; and
(b)from time to time publish the code as for the time being in force.
(6)In this section—
“information” and “public authority” have the same meaning as in section 68;
“relevant public authority” has the meaning given by section 68(6); and
“specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.
Commencement Information
I2S. 71(3)(6) in force at 1.10.2008 by S.I. 2008/2504, art. 2(d)