The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005

Amendments to the Act

2.—(1) Section 54 of the Act is amended as follows–

(2) In subsection (2), omit paragraph (f).

(3) After subsection (2), insert –

“(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).”.

(4) After section 54 of the Act, insert –

“Disclosure of information by or on behalf of public authorities

54A.— (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 of 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) 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), may disclose any such information –

(a) in the circumstances in which he would (but for section 54(2A)) be authorised to do so under section 54(2);

(b) in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or

(c) in any other circumstances, except where such a disclosure would, or would be likely to, prejudice the effective performance by such a person of a function imposed or conferred on the person by or under an enactment.

(3) A person mentioned in subsection (2) who discloses any such information otherwise than as authorised by subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.”