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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland

83

 

4C      

Voluntary provision of data

(1)   

If the Comptroller and Auditor General thinks it appropriate to

conduct a data matching exercise using data held by or on behalf of

a body or person not subject to Article 4B, the data may be disclosed

to the Comptroller and Auditor General or a person acting on his

5

behalf.

(2)   

A disclosure under paragraph (1) does not breach—

(a)   

any obligation of confidence owed by a person making the

disclosure; or

(b)   

any other restriction on the disclosure of information

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(however imposed).

(3)   

But nothing in this Article authorises a disclosure which—

(a)   

contravenes the Data Protection Act 1998 (c. 29); or

(b)   

is prohibited by Part 1 of the Regulation of Investigatory

Powers Act 2000 (c. 23).

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(4)   

Data may not be disclosed under paragraph (1) if the data comprise

or include patient data.

(5)   

“Patient data” means data relating to an individual which are held

for any of the following purposes and from which the individual can

be identified—

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(a)   

preventative medicine, medical diagnosis, medical research,

the provision of care and treatment and the management of

health and social care services;

(b)   

informing individuals about their physical or mental health

or condition, the diagnosis of their condition or their care and

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treatment.

(6)   

This Article does not limit the circumstances in which data may be

disclosed apart from this Article.

(7)   

Data matching exercises may include data provided by a body or

person outside Northern Ireland.

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4D      

Disclosure of results of data matching etc

(1)   

This Article applies to the following information—

(a)   

information relating to a particular body or person obtained

by or on behalf of the Comptroller and Auditor General for

the purpose of conducting a data matching exercise;

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(b)   

the results of any such exercise.

(2)   

Information to which this Article applies may be disclosed by or on

behalf of the Comptroller and Auditor General if the disclosure is—

(a)   

for or in connection with a purpose for which the data

matching exercise is conducted;

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(b)   

to a body mentioned in paragraph (3) (or a related party) for

or in connection with a function of that body corresponding

or similar to the audit functions of the Comptroller and

Auditor General or a local government auditor under any

statutory provision or the data matching functions of the

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Comptroller and Auditor General under Article 4A; or

 

 

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland

84

 

(c)   

in pursuance of a duty imposed by or under a statutory

provision.

(3)   

The bodies are—

(a)   

the Audit Commission for Local Authorities and the National

Health Service in England;

5

(b)   

the Auditor General for Wales;

(c)   

the Auditor General for Scotland;

(d)   

the Accounts Commission for Scotland;

(e)   

Audit Scotland.

(4)   

“Related party”, in relation to a body mentioned in paragraph (3),

10

means—

(a)   

a body or person acting on its behalf;

(b)   

a body whose accounts are required to be audited by it or by

a person appointed by it;

(c)   

a person appointed by it to audit those accounts.

15

(5)   

If the data used for a data matching exercise include patient data—

(a)   

paragraph (2)(a) applies only so far as the purpose for which

the disclosure is made relates to a relevant NHS body;

(b)   

paragraph (2)(b) applies only so far as the function for or in

connection with which the disclosure is made relates to such

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a body.

(6)   

In paragraph (5)—

(a)   

“patient data” has the same meaning as in Article 4C;

(b)   

“relevant NHS body” means—

(i)   

an HSS trust within the meaning of the Health and

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Personal Social Services (Northern Ireland) Order

1991 (NI 1);

(ii)   

a health service body as defined in section 53(1) of the

Audit Commission Act 1998 (c. 18);

(iii)   

a Welsh NHS body as defined in section 60 of the

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Public Audit (Wales) Act 2004 (c. 23);

(iv)   

an NHS body as defined in section 22(1) of the

Community Care and Health (Scotland) Act 2002 (asp

5).

(7)   

Information disclosed under paragraph (2) may not be further

35

disclosed except—

(a)   

for or in connection with the purpose for which it was

disclosed under sub-paragraph (a) or the function for which

it was disclosed under sub-paragraph (b) of that paragraph;

(b)   

for the investigation or prosecution of an offence (so far as the

40

disclosure does not fall within sub-paragraph (a)); or

(c)   

in pursuance of a duty imposed by or under a statutory

provision.

(8)   

Except as authorised by paragraphs (2) and (7), a person who

discloses information to which this Article applies is guilty of an

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offence and liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding two years, to a fine or to both; or

 

 

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland

85

 

(b)   

on summary conviction, to imprisonment for a term not

exceeding 6 months, to a fine not exceeding the statutory

maximum or to both.

(9)   

Article 27 of the Local Government (Northern Ireland) Order 2005

(NI 18) does not apply to information to which this Article applies.

5

(10)   

In this Article “body” includes office.

4E      

Publication

(1)   

Nothing in Article 4D prevents the Comptroller and Auditor General

from publishing a report on a data matching exercise (including on

the results of the exercise).

10

(2)   

But the report may not include information relating to a particular

body or person if—

(a)   

the body or person is the subject of any data included in the

data matching exercise;

(b)   

the body or person can be identified from the information;

15

and

(c)   

the information is not otherwise in the public domain.

(3)   

A report published under this Article may be published in such

manner as the Comptroller and Auditor General considers

appropriate for bringing it to the attention of those members of the

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public who may be interested.

(4)   

This Article does not affect any powers of the Comptroller and

Auditor General or a local government auditor where the data

matching exercise in question forms part of an audit carried out by

either of them.

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4F      

Fees for data matching

(1)   

The Comptroller and Auditor General may charge a fee to any body

required under Article 4B(1) to provide data for a data matching

exercise.

(2)   

But a body whose functions are discharged on behalf of the Crown

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may not be charged a fee under paragraph (1) except with the

consent of the Department.

(3)   

In addition to the power under paragraph (1), the Comptroller and

Auditor General may charge a fee to any other body or person

providing data for or receiving the results of a data matching

35

exercise, such fee to be payable in accordance with terms agreed

between the Comptroller and Auditor General and that body or

person.

(4)   

Any fee received by the Comptroller and Auditor General by virtue

of this Article is to be paid by him into the Consolidated Fund.

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4G      

Code of data matching practice

(1)   

The Comptroller and Auditor General must prepare, and keep under

review, a code of practice with respect to data matching exercises.

(2)   

Regard must be had to the code in conducting and participating in

any such exercise.

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Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland

86

 

(3)   

Before preparing or altering the code, the Comptroller and Auditor

General must consult the bodies mentioned in Article 4B(2), the

Information Commissioner and such other bodies or persons as he

thinks fit.

(4)   

The Comptroller and Auditor General must—

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(a)   

send a copy of the code, and of any alterations made to the

code, to the Department and the Department must lay the

copy before the Assembly; and

(b)   

from time to time publish the code as for the time being in

force.

10

4H      

Powers of the Department

(1)   

The Department may by order amend Articles 4A to 4G—

(a)   

to add any purpose mentioned in paragraph (2) to the

purposes for which data matching exercises may be

conducted;

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(b)   

to modify the application of those Articles in relation to a

purpose so added.

(2)   

The purposes which may be added are—

(a)   

to assist in the prevention and detection of crime (other than

fraud);

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(b)   

to assist in the apprehension and prosecution of offenders;

(c)   

to assist in the recovery of debt owing to public bodies.

(3)   

The Department may by order amend Articles 4A to 4G—

(a)   

to add a public body to the list of bodies in Article 4B(2);

(b)   

to modify the application of those Articles in relation to a

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body so added;

(c)   

to remove a body from that list.

(4)   

An order under this Article may include such incidental,

consequential, supplemental or transitional provision as the

Department thinks fit.

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(5)   

An order under this Article is subject to affirmative resolution.

(6)   

In this Article “public body” means a body or person whose

functions—

(a)   

are functions of a public nature; or

(b)   

include functions of that nature,

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but, in the latter case, the body or person is a public body to the

extent only of those functions.”

7          

In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5))

(expenses and accounts of Northern Ireland Audit Office), in paragraph (5)

after “examination” insert “or in respect of data matching”.

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