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67 | Provision of information by Auditor General for Wales |
| |
(1) | The Auditor General for Wales must, on request, provide the Commission with |
| |
any information it may reasonably require for the purpose of making |
| |
comparisons, in the exercise of its functions under section 50 so far as relating |
| |
to health care or English NHS bodies, between English NHS bodies and Welsh |
| 5 |
| |
(2) | In this section “Welsh NHS body” has the same meaning as in Part 3 of the |
| |
Public Audit (Wales) Act 2004 (c. 23). |
| |
68 | Provision of material to the Comptroller and Auditor General |
| |
The Commission must, on request, provide the Comptroller and Auditor |
| 10 |
General with any material relevant to— |
| |
(a) | a review under section 42 or 45 in respect of an English NHS body, |
| |
(b) | a review or investigation under section 44 in respect of such a body, or |
| |
(c) | a study promoted, or undertaken, by the Commission under section 50. |
| |
69 | Arrangements with Ministers |
| 15 |
(1) | The Commission and a Minister of the Crown may make arrangements for the |
| |
| |
(a) | perform any of its functions in relation to a prescribed health scheme, |
| |
or a prescribed social care scheme, for which the Minister has |
| |
| 20 |
(b) | provide services or facilities insofar as they are required by the Minister |
| |
in connection with such a scheme. |
| |
(2) | Arrangements under this section may be made on such terms and conditions |
| |
as may be agreed between the parties to the arrangements. |
| |
(3) | Those terms and conditions may include provision with respect to the making |
| 25 |
of payments to the Commission in respect of the cost to it of giving effect to the |
| |
| |
| |
“health scheme” means a scheme which appears to the Secretary of State |
| |
to be a health or medical scheme paid for out of public funds; |
| 30 |
“social care scheme” means a scheme which appears to the Secretary of |
| |
State to be a social care scheme paid for out of public funds. |
| |
70 | Arrangements with Northern Ireland Ministers |
| |
(1) | The Commission and a Northern Ireland Minister may make arrangements for |
| |
| 35 |
(a) | exercise on behalf of the Minister any function of the Minister which |
| |
corresponds to a function of the Commission and relates to the |
| |
Northern Ireland health service; |
| |
(b) | provide services or facilities insofar as they are required by the Minister |
| |
in connection with the exercise by the Minister of any such functions. |
| 40 |
(2) | Arrangements under this section may be made on such terms and conditions |
| |
as may be agreed between the parties to the arrangements. |
| |
|
| |
|
| |
|
(3) | Those terms and conditions may include provision with respect to the making |
| |
of payments to the Commission in respect of the cost to it of giving effect to the |
| |
| |
(4) | Any arrangements under subsection (1)(a) are not to affect the responsibility of |
| |
the Minister on whose behalf the function is exercised. |
| 5 |
| |
“Northern Ireland Minister” includes the First Minister, the deputy First |
| |
Minister and a Northern Ireland department; |
| |
“Northern Ireland health service” means any of the health services under |
| |
any enactment which extends to Northern Ireland and which |
| 10 |
corresponds to section 1(1) of the National Health Service Act 2006 |
| |
| |
| |
| |
(1) | The Secretary of State may cause an inquiry to be held into any matter |
| 15 |
connected with the exercise by the Commission of any of its functions. |
| |
(2) | Before an inquiry is begun, the Secretary of State may give a direction that it be |
| |
| |
(3) | Where no such direction has been given, the person holding the inquiry may |
| |
decide to hold it, or any part of it, in private. |
| 20 |
(4) | Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) |
| |
(powers in relation to local inquiries) apply in relation to an inquiry under this |
| |
section as they apply in relation to a local inquiry under that section. |
| |
(5) | The report of the person holding the inquiry is to be published, unless the |
| |
Secretary of State considers that there are exceptional circumstances which |
| 25 |
make publication inappropriate. |
| |
(6) | Publication is to be in such manner as the Secretary of State considers |
| |
| |
| |
72 | Disclosure of confidential personal information: offence |
| 30 |
(1) | This section applies to information which— |
| |
(a) | has been obtained by the Commission on terms or in circumstances |
| |
requiring it to be held in confidence, and |
| |
(b) | relates to and identifies an individual. |
| |
(2) | A person is guilty of an offence if the person knowingly or recklessly discloses |
| 35 |
information to which this section applies during the lifetime of the individual. |
| |
(3) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not exceeding 12 |
| |
months, or to a fine not exceeding the statutory maximum, or to both, |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| 40 |
two years, or to a fine, or to both. |
| |
|
| |
|
| |
|
(4) | In relation to an offence committed before the commencement of section 154(1) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) to 12 |
| |
months is to be read as a reference to 6 months. |
| |
(5) | For the purposes of subsection (1)(b), information obtained by the Commission |
| |
is to be treated as identifying an individual if the individual can be identified |
| 5 |
| |
(a) | that information, and |
| |
(b) | other information obtained by the Commission. |
| |
(6) | Reference in this section and in sections 73 to 76 to information obtained or |
| |
disclosed by the Commission includes information obtained or disclosed by a |
| 10 |
person authorised by the Commission. |
| |
| |
(1) | It is a defence for a person charged with an offence under section 72 to prove |
| |
that at the time of the alleged offence— |
| |
(a) | any of the circumstances in subsection (2) applied in relation to the |
| 15 |
| |
(b) | the person reasonably believed that any of them so applied. |
| |
(2) | The circumstances are— |
| |
(a) | that the disclosure was made in a form in which the individual to |
| |
whom the information relates is not identified; |
| 20 |
(b) | that the disclosure was made with the consent of that individual; |
| |
(c) | that the information disclosed had previously been lawfully disclosed |
| |
| |
(d) | that the disclosure was made under or pursuant to regulations under |
| |
section 113 or 114 of the Health and Social Care (Community Health |
| 25 |
and Standards) Act 2003 (c. 43) (complaints about health care or social |
| |
| |
(e) | that the disclosure was made in accordance with any enactment or |
| |
| |
(f) | that the disclosure was necessary or expedient for the purposes of |
| 30 |
protecting the welfare of any individual; |
| |
(g) | that the disclosure was made to any person or body in circumstances |
| |
where it was necessary or expedient for the person or body to have the |
| |
information for the purpose of exercising functions of that person or |
| |
body under any enactment. |
| 35 |
(3) | It is also a defence for a person charged with an offence under section 72 to |
| |
prove that the disclosure was made— |
| |
(a) | for the purpose of facilitating the exercise of any of the Commission’s |
| |
| |
(b) | in connection with the investigation of a criminal offence (whether or |
| 40 |
not in the United Kingdom), or |
| |
(c) | for the purpose of criminal proceedings (whether or not in the United |
| |
| |
(4) | If a person charged with an offence under section 72 relies on a defence in |
| |
subsection (1) or (3), and evidence is adduced which is sufficient to raise an |
| 45 |
issue with respect to that defence, the court must assume that the defence is |
| |
satisfied unless the prosecution proves beyond reasonable doubt that it is not. |
| |
|
| |
|
| |
|
(5) | For the purposes of subsection (2)(a), information disclosed by a person is to be |
| |
treated as being in a form in which an individual is identified if the individual |
| |
can be identified from a combination of— |
| |
| |
(b) | other information disclosed by the person or by the Commission. |
| 5 |
74 | Use of information etc. |
| |
Information obtained by, or documents or records produced to, the |
| |
Commission in connection with any of its functions may be used by the |
| |
Commission in connection with any of its other functions. |
| |
| 10 |
(1) | Subsections (2) and (3) apply to any information obtained by the Commission |
| |
in the course of exercising any of its functions. |
| |
(2) | In the case of information relating to an individual, the Commission may |
| |
disclose the information if— |
| |
(a) | the disclosure is made in a form in which the individual is not |
| 15 |
| |
(b) | the disclosure is made with the consent of the individual. |
| |
(3) | In all cases (whether or not relating to an individual), the Commission may |
| |
disclose the information if— |
| |
(a) | the information has previously been lawfully disclosed to the public, |
| 20 |
(b) | the disclosure is made under or pursuant to regulations under section |
| |
113 or 114 of the Health and Social Care (Community Health and |
| |
Standards) Act 2003 (c. 43) (complaints about health care or social |
| |
| |
(c) | the disclosure is made in accordance with any enactment or court |
| 25 |
| |
(d) | the disclosure is necessary or expedient for the purposes of protecting |
| |
the welfare of any individual, |
| |
(e) | the disclosure is made to any person or body in circumstances where it |
| |
is necessary or expedient for the person or body to have the information |
| 30 |
for the purpose of exercising functions of that person or body under |
| |
| |
(f) | the disclosure is made for the purpose of facilitating the exercise of any |
| |
of the Commission’s functions, |
| |
(g) | the disclosure is made in connection with the investigation of a criminal |
| 35 |
offence (whether or not in the United Kingdom), or |
| |
(h) | the disclosure is made for the purpose of criminal proceedings |
| |
(whether or not in the United Kingdom). |
| |
(4) | Subsections (2) and (3) have effect notwithstanding any rule of common law |
| |
which would otherwise prohibit or restrict the disclosure. |
| 40 |
(5) | For the purposes of subsection (2)(a), information disclosed by the |
| |
Commission is to be treated as being in a form in which an individual is |
| |
identified if the individual can be identified from a combination of— |
| |
| |
(b) | other information disclosed by the Commission. |
| 45 |
|
| |
|