Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 2 — Data matching: Wales
86

64D
Disclosure of results of data matching etc
(1)
This section applies to the following information—
(a)
information relating to a particular body or person obtained
by or on behalf of the Auditor General for Wales for the
purpose of conducting a data matching exercise,
5
(b)
the results of any such exercise.
(2)
Information to which this section applies may be disclosed by or on
behalf of the Auditor General for Wales if the disclosure is—
(a)
for or in connection with a purpose for which the data
matching exercise is conducted,
10
(b)
to a body mentioned in subsection (3) (or a related party) for
or in connection with a function of that body corresponding
or similar to the functions of an auditor under Chapter 1 of
Part 2 or the functions of the Auditor General under Part 3 or
this Part, or
15
(c)
in pursuance of a duty imposed by or under a statutory
provision.
(3)
The bodies are—
(a)
the Audit Commission,
(b)
the Auditor General for Scotland,
20
(c)
the Accounts Commission for Scotland,
(d)
Audit Scotland,
(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
25
2005 (S.I. 2005/1968 (N.I.18)).
(4)
“Related party”, in relation to a body mentioned in subsection (3),
means—
(a)
a body or person acting on its behalf,
(b)
a body whose accounts are required to be audited by it or by
30
a person appointed by it,
(c)
a person appointed by it to audit those accounts.
(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,
35
(b)
subsection (2)(b) applies only so far as the function for or in
connection with which the disclosure is made relates to such
a body.
(6)
In subsection (5)—
(a)
“patient data” has the same meaning as in section 64C,
40
(b)
“relevant NHS body” means—
(i)
a Welsh NHS body as defined in section 60,
(ii)
a health service body as defined in section 53(1) of the
Audit Commission Act 1998 (c. 18),
(iii)
an NHS body as defined in section 22(1) of the
45
Community Care and Health (Scotland) Act 2002 (asp
5),

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 2 — Data matching: Wales
87

(iv)
a body to which Article 90 of the Health and Personal
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—
5
(a)
for or in connection with the purpose for which it was
disclosed under paragraph (a) or the function for which it
was disclosed under paragraph (b) of that subsection,
(b)
for the investigation or prosecution of an offence (so far as the
disclosure does not fall within paragraph (a)), or
10
(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
discloses information to which this section applies is guilty of an
offence and liable—
15
(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
exceeding 12 months, to a fine not exceeding the statutory
maximum or to both.
20
(9)
Section 54 does not apply to information to which this section
applies.
(10)
In this section “statutory provision” has the meaning given in section
59(8).
64E
Publication
25
(1)
Nothing in section 64D prevents the Auditor General for Wales 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
body or person if—
30
(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
(c)
the information is not otherwise in the public domain.
35
(3)
A report published under this section may be published in any
manner which the Auditor General considers appropriate for
bringing it to the attention of those members of the public who may
be interested.
(4)
This section does not affect any powers of an auditor or the Auditor
40
General where the data matching exercise in question forms part of
an audit under Part 2 or 3.
64F
Fees for data matching
(1)
The Auditor General for Wales must prescribe a scale or scales of fees
in respect of data matching exercises.
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Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 2 — Data matching: Wales
88

(2)
A body required under section 64B(1) to provide data for a data
matching exercise must pay to the Auditor General the fee applicable
to that exercise in accordance with the appropriate scale.
(3)
But if it appears to the Auditor General that the work involved in the
exercise was substantially more or less than that envisaged by the
5
appropriate scale, the Auditor General 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 Auditor
General must consult—
(a)
the bodies mentioned in section 64B(2), and
10
(b)
such other bodies or persons as the Auditor General thinks
fit.
(5)
If the Welsh Ministers consider it necessary or desirable to do so,
they 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
15
any scale or scales of fees prescribed by the Auditor General and, if
they do 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 Welsh Ministers.
(6)
Before making any regulations under subsection (5), the Welsh
20
Ministers must consult—
(a)
the Auditor General for Wales, and
(b)
such other bodies or persons as they think fit.
(7)
The power under subsection (5) is exercisable by statutory
instrument subject to annulment in pursuance of a resolution of the
25
Assembly.
(8)
In addition to the power under subsection (2), the Auditor General
may charge a fee to any other body or person providing data for or
receiving the results of a data matching exercise, such fee to be
payable in accordance with terms agreed between the Auditor
30
General and that body or person.
64G
Code of data matching practice
(1)
The Auditor General for Wales 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
35
any such exercise.
(3)
Before preparing or altering the code, the Auditor General must
consult the bodies mentioned in section 64B(2), the Information
Commissioner and such other bodies or persons as the Auditor
General thinks fit.
40
(4)
The Auditor General must—
(a)
lay a copy of the code, and of any alterations made to the
code, before the Assembly, and
(b)
from time to time publish the code as for the time being in
force.
45

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 2 — Data matching: Wales
89

64H
Powers of Secretary of State
(1)
The Secretary of State may by order amend this Part—
(a)
to add any purpose mentioned in subsection (2) to the
purposes for which data matching exercises may be
conducted,
5
(b)
to modify the application of this Part 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) in or with respect to Wales,
10
(b)
to assist in the apprehension and prosecution of offenders in
or with respect to Wales,
(c)
to assist in the recovery of debt owing to Welsh public bodies.
(3)
The Secretary of State may by order amend this P art—
(a)
to add a Welsh public body to the list of bodies in section
15
64B(2),
(b)
to modify the application of this Part in relation to a body so
added,
(c)
to remove a body from that list.
(4)
Before making an order under this section, the Secretary of State
20
must consult the Auditor General for Wales.
(5)
An order under this section—
(a)
is to be made by statutory instrument, and
(b)
may include such incidental, consequential, supplemental or
transitional provision as the Secretary of State thinks fit.
25
(6)
No order under this section may be made unless a draft of the
statutory instrument has been laid before, and approved by a
resolution of, each House of Parliament.
(7)
In this section “Welsh public body” means a public body (as defined
in section 12(3)) whose functions relate exclusively to Wales or an
30
area of Wales.”
5     (1)
Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32)
(special finance provisions) is amended as follows.
      (2)
In sub-paragraph (3)(b) after “government audit)” insert “or, so far as the
functions relate to local government bodies in Wales, Part 3A of that Act
35
(data matching)”.
      (3)
In sub-paragraph (4)(c) for the words from “Part 2” to the end substitute “the
following provisions of the Public Audit (Wales) Act 2004 (c. 23)—
(i)
Part 2 (including those charged as a result of
paragraph 11(3)(c)),
40
(ii)
Part 3A (but only those charged to a local
government body in Wales).”
      (4)
After sub-paragraph (4) insert—
    “(5)
“Local government body in Wales” has the meaning given in
section 12(1) of the Public Audit (Wales) Act 2004.”
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Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland
90

Part 3
Data matching: Northern Ireland
6
After Article 4 of the Audit and Accountability (Northern Ireland) Order
2003 (S.I. 2003/418 (N.I.5)) insert—
“Data matching
5
4A
Power to conduct data matching exercises
(1)
The Comptroller and Auditor General may conduct data matching
exercises 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
10
identification of any patterns and trends).
(3)
The power in paragraph (1) is exercisable for the purpose of assisting
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
15
trends in an individual’s characteristics or behaviour which suggest
nothing more than his potential to commit fraud in the future.
(6)
In Articles 4B to 4H, reference to a data matching exercise is to an
exercise conducted or arranged to be conducted under this Article.
4B
Mandatory provision of data
20
(1)
The Comptroller and Auditor General may require—
(a)
any body mentioned in paragraph (2); and
(b)
any officer or member of such a body,

to provide the Comptroller and Auditor General or a person acting
on his behalf with such data (and in such form) as the Comptroller
25
and Auditor General or that person may reasonably require for the
purpose of conducting data matching exercises.
(2)
The bodies are—
(a)
any body (including a holder of a statutory office) whose
accounts are required to be audited by the Comptroller and
30
Auditor General, other than a body whose accounts are
required to be so audited by virtue of section 55 of the
Northern Ireland Act 1998 (c. 47);
(b)
any body whose accounts are required to be audited by a
local government auditor.
35
(3)
A person who without reasonable excuse fails to comply with a
requirement of the Comptroller and Auditor General under
paragraph (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
40
(b)
to an additional fine not exceeding £20 for each day on which
the offence continues after conviction for that offence.

Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland
91

(4)
If an officer or member of a body is convicted of an offence under
paragraph (3), any expenses incurred by the Comptroller and
Auditor General in connection with proceedings for the offence, so
far as not recovered from any other source, are recoverable from that
body.
5
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
10
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
15
(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).
20
(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—
25
(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
30
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.
35
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;
40
(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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Serious Crime Bill [HL]
Schedule 7 — Data matching
Part 3 — Data matching: Northern Ireland
92

(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
5
Comptroller and Auditor General under Article 4A; or
(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
10
Health Service in England;
(b)
the Auditor General for Wales;
(c)
the Auditor General for Scotland;
(d)
the Accounts Commission for Scotland;
(e)
Audit Scotland.
15
(4)
“Related party”, in relation to a body mentioned in paragraph (3),
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;
20
(c)
a person appointed by it to audit those accounts.
(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
25
connection with which the disclosure is made relates to such
a body.
(6)
In paragraph (5)—
(a)
“patient data” has the same meaning as in Article 4C;
(b)
“relevant NHS body” means—
30
(i)
a body to which Article 90 of the Health and Personal
Social Services (Northern Ireland) Order 1972 (NI 14)
applies;
(ii)
a health service body as defined in section 53(1) of the
Audit Commission Act 1998 (c. 18);
35
(iii)
a Welsh NHS body as defined in section 60 of the
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).
40
(7)
Information disclosed under paragraph (2) may not be further
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;
45
(b)
for the investigation or prosecution of an offence (so far as the
disclosure does not fall within sub-paragraph (a)); or