Part 3Adult skills

Provision of courses of study

F186Learning aims for persons aged 19 and over

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Assessments of effectiveness of education or training

I187Benefit and training information

1

Information within subsection (2) or (3) may be—

a

used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, or

b

disclosed to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.

2

Information is within this subsection if—

a

it is about an individual who has attained the age of 19, and

b

it is held by the Secretary of State for the purposes of any function of the Secretary of State relating to social security.

3

Information is within this subsection if—

a

it is about an individual who has attained the age of 19,

b

it is held by the Secretary of State or a devolved authority, and

c

it relates to any training or course of education undertaken by the individual (whether before or after the individual attained the age of 19).

4

For the purposes of this section and sections 88 to 90, “assessment function” means any of the following functions—

a

evaluating the effectiveness of training or education provided for persons who have attained the age of 19;

b

assessing policy in relation to the provision of such training or education;

c

assessing policy in relation to social security or employment as it affects the provision of or participation in such training or education.

I288Revenue and Customs information

1

The Commissioners for Her Majesty's Revenue and Customs may disclose information relating to income tax or tax credits to a person for use in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.

2

The reference in subsection (1) to the Commissioners for Her Majesty's Revenue and Customs includes a reference to a person authorised by the Commissioners.

I389Use of information

1

Information disclosed to a person in reliance on section 87(1)(b) or 88 may be used by that person only in connection with the exercise of an assessment function of the Secretary of State or a devolved authority.

2

Subsection (3) applies where information about an individual is used in connection with the exercise of an assessment function of the Secretary of State or a devolved authority—

a

in reliance on section 87(1)(a), or

b

under subsection (1) above.

3

So far as is reasonably practicable, the information must not be used in such a way that the identity of the individual is disclosed to, or capable of being discovered by, a person carrying out an evaluation or assessment of a kind mentioned in section 87(4)(a) to (c).

I490Wrongful onward disclosure of information

1

This section applies to information—

a

used in reliance on section 87(1)(a), or

b

disclosed in reliance on section 87(1)(b) or 88.

2

A person commits an offence if—

a

the person discloses the information to another otherwise than in connection with the exercise of an assessment function of the Secretary of State or a devolved authority, and

b

the information relates to a person whose identity is specified in or can be deduced from the disclosure.

3

It is a defence to prove that a person charged with the offence reasonably believed—

a

that the disclosure was lawful, or

b

that the information had already and lawfully been made available to the public.

4

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both;

b

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.

5

A prosecution for an offence under this section may be instituted in England and Wales only with the consent of the Director of Public Prosecutions.

6

In subsection (4)(b), the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed in England and Wales before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences).

I591Information: supplementary

1

This section applies for the purposes of sections 87 to 90.

2

Nothing in these sections affects the use or disclosure of information by virtue of—

a

section 3 of the Social Security Act 1998 (c. 14);

b

any other enactment or rule of law.

3

These are the devolved authorities—

a

the Scottish Ministers;

b

the Welsh Ministers.

4

A reference to the Secretary of State includes a reference to a person providing services to the Secretary of State.

5

A reference to a devolved authority includes a reference to a person providing services to the authority.

6

A reference to training or education does not include a reference to higher education (within the meaning of the Education Reform Act 1988 (c. 40) or section 38 of the Further and Higher Education (Scotland) Act 1992 (c. 37)).