Serious Crime Bill [HL]

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Session 2006 - 07
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Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 1 — Data matching: England
79

Schedule 7
Section 71

Data matching
Part 1
Data matching: England
1
The Audit Commission Act 1998 (c. 18) is amended as follows.
5
2
After Part 2 insert—
“Part 2A
Data matching
32A
Power to conduct data matching exercises
(1)
The Commission may conduct data matching exercises or arrange
10
for them to be conducted on its behalf.
(2)
A data matching exercise is an exercise involving the comparison of
sets of data to determine how far they match (including the
identification of any patterns and trends).
(3)
The power in subsection (1) is exercisable for the purpose of assisting
15
in the prevention and detection of fraud.
(4)
That assistance may, but need not, form part of an audit.
(5)
A data matching exercise may not be used to identify patterns and
trends in an individual’s characteristics or behaviour which suggest
nothing more than his potential to commit fraud in the future.
20
(6)
In the following provisions of this Part, reference to a data matching
exercise is to an exercise conducted or arranged to be conducted
under this section.
32B
Mandatory provision of data
(1)
The Commission may require—
25
(a)
any body mentioned in subsection (2), and
(b)
any officer or member of such a body,

to provide the Commission or a person acting on its behalf with such
data (and in such form) as the Commission or that person may
reasonably require for the purpose of conducting data matching
30
exercises.
(2)
The bodies are—
(a)
a body subject to audit,
(b)
an English best value authority which is not a body subject to
audit.
35
(3)
A person who without reasonable excuse fails to comply with a
requirement of the Commission under subsection (1)(b) is guilty of
an offence and liable on summary conviction—
(a)
to a fine not exceeding level 3 on the standard scale, and

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Schedule 7 — Data matching
Part 1 — Data matching: England
80

(b)
to an additional fine not exceeding £20 for each day on which
the offence continues after conviction for that offence.
(4)
Any expenses incurred by the Commission in connection with
proceedings for an offence under subsection (3) alleged to have been
committed by an officer or member of a body, so far as not recovered
5
from any other source, are recoverable from that body.
(5)
“English best value authority” means a best value authority other
than—
(a)
a county council, county borough council or community
council in Wales,
10
(b)
a National Park authority for a National Park in Wales,
(c)
a police authority for a police area in Wales,
(d)
a fire and rescue authority in Wales constituted by a scheme
under section 2 of the Fire and Rescue Services Act 2004
(c. 21) or a scheme to which section 4 of that Act applies.
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32C
Voluntary provision of data
(1)
If the Commission thinks it appropriate to conduct a data matching
exercise using data held by or on behalf of a body or person not
subject to section 32B, the data may be disclosed to the Commission
or a person acting on its behalf.
20
(2)
A disclosure under subsection (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
(however imposed).
25
(3)
But nothing in this section 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).
(4)
Data may not be disclosed under subsection (1) if the data comprise
30
or include patient data.
(5)
“Patient data” means data relating to an individual which are held
for medical purposes (within the meaning of section 251 of the
National Health Service Act 2006 (c. 41)) and from which the
individual can be identified.
35
(6)
This section does not limit the circumstances in which data may be
disclosed apart from this section.
(7)
Data matching exercises may include data provided by a body or
person outside England and Wales.
32D
Disclosure of results of data matching etc
40
(1)
This section applies to the following information—
(a)
information relating to a particular body or person obtained
by or on behalf of the Commission for the purpose of
conducting a data matching exercise,
(b)
the results of any such exercise.
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Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 1 — Data matching: England
81

(2)
Information to which this section applies may be disclosed by or on
behalf of the Commission if the disclosure is—
(a)
for or in connection with a purpose for which the data
matching exercise is conducted,
(b)
to a body mentioned in subsection (3) (or a related party) for
5
or in connection with a function of that body corresponding
or similar to the functions of an auditor under Part 2 or the
functions of the Commission under this Part, or
(c)
in pursuance of a duty imposed by or under a statutory
provision.
10
(3)
The bodies are—
(a)
the Auditor General for Wales,
(b)
the Auditor General for Scotland,
(c)
the Accounts Commission for Scotland,
(d)
Audit Scotland,
15
(e)
the Comptroller and Auditor General for Northern Ireland,
(f)
a person designated as a local government auditor under
Article 4 of the Local Government (Northern Ireland) Order
2005 (S.I. 2005/1968 (N.I.18)).
(4)
“Related party”, in relation to a body mentioned in subsection (3),
20
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.
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(5)
If the data used for a data matching exercise include patient data—
(a)
subsection (2)(a) applies only so far as the purpose for which
the disclosure is made relates to a relevant NHS body,
(b)
subsection (2)(b) applies only so far as the function for or in
connection with which the disclosure is made relates to such
30
a body.
(6)
In subsection (5)—
(a)
“patient data” has the same meaning as in section 32C,
(b)
“relevant NHS body” means—
(i)
a health service body,
35
(ii)
a Welsh NHS body,
(iii)
an NHS body as defined in section 22(1) of the
Community Care and Health (Scotland) Act 2002 (asp
5),
(iv)
a body to which Article 90 of the Health and Personal
40
Social Services (Northern Ireland) Order 1972 (S.I.
1972/1265 (N.I.14)) applies.
(7)
Information disclosed under subsection (2) may not be further
disclosed except—
(a)
for or in connection with the purpose for which it was
45
disclosed under paragraph (a) or the function for which it
was disclosed under paragraph (b) of that subsection,

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(b)
for the investigation or prosecution of an offence (so far as the
disclosure does not fall within paragraph (a)), or
(c)
in pursuance of a duty imposed by or under a statutory
provision.
(8)
Except as authorised by subsections (2) and (7), a person who
5
discloses information to which this section applies is guilty of an
offence and liable—
(a)
on conviction on indictment, to imprisonment for a term not
exceeding two years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not
10
exceeding 12 months, to a fine not exceeding the statutory
maximum or to both.
(9)
Section 49 does not apply to information to which this section
applies.
(10)
In this section, “body” includes office.
15
32E
Publication
(1)
Nothing in section 32D prevents the Commission from publishing a
report on a data matching exercise (including on the results of the
exercise).
(2)
But the report may not include information relating to a particular
20
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,
and
25
(c)
the information is not otherwise in the public domain.
(3)
A report published under this section may be published in such
manner as the Commission considers appropriate for bringing it to
the attention of those members of the public who may be interested.
(4)
Section 51 does not apply to information to which section 32D
30
applies.
(5)
This section does not affect any powers of an auditor where the data
matching exercise in question forms part of an audit under Part 2.
32F
Fees for data matching
(1)
The Commission must prescribe a scale or scales of fees in respect of
35
data matching exercises.
(2)
A body required under section 32B(1) to provide data for a data
matching exercise must pay to the Commission the fee applicable to
that exercise in accordance with the appropriate scale.
(3)
But if it appears to the Commission that the work involved in the
40
exercise was substantially more or less than that envisaged by the
appropriate scale, the Commission may charge the body a fee which
is larger or smaller than that referred to in subsection (2).
(4)
Before prescribing a scale of fees under this section, the Commission
must consult—
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(a)
the bodies mentioned in section 32B(2), and
(b)
such other bodies or persons as the Commission thinks fit.
(5)
If the Secretary of State considers it necessary or desirable to do so,
he may by regulations prescribe a scale or scales of fees to have effect,
for such period as is specified in the regulations, in place of any scale
5
or scales of fees prescribed by the Commission and, if he does so,
references in this section to the appropriate scale are to be read as
respects that period as references to the appropriate scale prescribed
by the Secretary of State.
(6)
Before making any regulations under subsection (5), the Secretary of
10
State must consult—
(a)
the Commission, and
(b)
such other bodies or persons as he thinks fit.
(7)
In addition to the power under subsection (2), the Commission may
charge a fee to any other body or person providing data for or
15
receiving the results of a data matching exercise, such fee to be
payable in accordance with terms agreed between the Commission
and that body or person.
32G
Code of data matching practice
(1)
The Commission must prepare, and keep under review, a code of
20
practice with respect to data matching exercises.
(2)
Regard must be had to the code in conducting and participating in
any such exercise.
(3)
Before preparing or altering the code, the Commission must consult
the bodies mentioned in section 32B(2), the Information
25
Commissioner and such other bodies or persons as the Commission
thinks fit.
(4)
The Commission must—
(a)
send a copy of the code, and of any alterations made to the
code, to the Secretary of State, who must lay the copy before
30
Parliament, and
(b)
from time to time publish the code as for the time being in
force.
32H
Powers of Secretary of State
(1)
The Secretary of State may by order amend this Part—
35
(a)
to add any purpose mentioned in subsection (2) to the
purposes for which data matching exercises may be
conducted,
(b)
to modify the application of this Part in relation to a purpose
so added.
40
(2)
The purposes which may be added are—
(a)
to assist in the prevention and detection of crime (other than
fraud),
(b)
to assist in the apprehension and prosecution of offenders,
(c)
to assist in the recovery of debt owing to public bodies.
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Part 2 — Data matching: Wales
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(3)
The Secretary of State may by order amend this P art—
(a)
to add a public body to the list of bodies in section 32B(2),
(b)
to modify the application of this Part in relation to a body so
added,
(c)
to remove a body from that list.
5
(4)
An order under this section may include such incidental,
consequential, supplemental or transitional provision as the
Secretary of State thinks fit.
(5)
In this section, “public body” means a body or person whose
functions—
10
(a)
are functions of a public nature, or
(b)
include functions of that nature,

but, in the latter case, the body or person is a public body to the
extent only of those functions.”
3
In section 52 (orders and regulations), after subsection (1) insert—
15
“(1A)
No order shall be made under section 32H unless a draft of the order
has been laid before and approved by a resolution of each House of
Parliament.”
Part 2
Data matching: Wales
20
4
After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—
“Part 3A
Data matching
64A
Power to conduct data matching exercises
(1)
The Auditor General for Wales may conduct data matching exercises
25
or arrange for them to be conducted on his behalf.
(2)
A data matching exercise is an exercise involving the comparison of
sets of data to determine how far they match (including the
identification of any patterns and trends).
(3)
The power in subsection (1) is exercisable for the purpose of assisting
30
in the prevention and detection of fraud in or with respect to Wales.
(4)
That assistance may, but need not, form part of an audit.
(5)
A data matching exercise may not be used to identify patterns and
trends in an individual’s characteristics or behaviour which suggest
nothing more than his potential to commit fraud in the future.
35
(6)
In the following provisions of this Part, reference to a data matching
exercise is to an exercise conducted or arranged to be conducted
under this section.
64B
Mandatory provision of data
(1)
The Auditor General for Wales may require—
40

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 2 — Data matching: Wales
85

(a)
any body mentioned in subsection (2), and
(b)
any officer or member of such a body,

to provide the Auditor General or a person acting on his behalf with
such data (and in such form) as the Auditor General or that person
may reasonably require for the purpose of conducting data matching
5
exercises.
(2)
The bodies are—
(a)
a local government body in Wales (as defined in section
12(1));
(b)
a Welsh NHS body (as defined in section 60).
10
(3)
A person who without reasonable excuse fails to comply with a
requirement of the Auditor General under subsection (1)(b) is guilty
of an offence and liable on summary conviction—
(a)
to a fine not exceeding level 3 on the standard scale, and
(b)
to an additional fine not exceeding £20 for each day on which
15
the offence continues after conviction for that offence.
(4)
If an officer or member of a body is convicted of an offence under
subsection (3), any expenses incurred by the Auditor General in
connection with proceedings for the offence, so far as not recovered
from any other source, are recoverable from that body.
20
64C
Voluntary provision of data
(1)
If the Auditor General for Wales thinks it appropriate to conduct a
data matching exercise using data held by or on behalf of a body or
person not subject to section 64B, the data may be disclosed to the
Auditor General or a person acting on his behalf.
25
(2)
A disclosure under subsection (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
(however imposed).
30
(3)
But nothing in this section 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).
(4)
Data may not be disclosed under subsection (1) if the data comprise
35
or include patient data.
(5)
“Patient data” means data relating to an individual which are held
for medical purposes (within the meaning of section 251 of the
National Health Service Act 2006 (c. 41)) and from which the
individual can be identified.
40
(6)
This section does not limit the circumstances in which data may be
disclosed apart from this section.
(7)
Data matching exercises may include data provided by a body or
person outside England and Wales.