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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 6 — Data matching

64

 

(4A)   

If a person is guilty of an offence under section 41 of that Act by

reference to an offence mentioned in subsection (1), (2) or (3), the

maximum term of imprisonment applicable for the purposes of

section 53(6) of that Act to the offence so mentioned is a term not

exceeding 51 weeks.”

5

      (3)  

In section 175(3) (transitional modification of penalties for summary

offences in England and Wales) in the table, for the entry relating to section

136(4) substitute—

 

“section 136(4)

3 months

 
 

section

3 months”.

 

10

 

136(4A)

  

Schedule 6

Section 65

 

Data matching

1          

The Audit Commission Act 1998 (c. 18) is amended as follows.

2          

After Part 2 insert—

15

“Part 2A

Data matching

32A     

Power to conduct data matching exercises

(1)   

The Commission may conduct data matching exercises or arrange

for them to be conducted on its behalf.

20

(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

in the prevention and detection of fraud.

25

(4)   

That assistance may, but need not, form part of an audit.

(5)   

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

30

(1)   

The Commission may require—

(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

35

reasonably require for the purpose of conducting data matching

exercises.

 

 

Serious Crime Bill [HL]
Schedule 6 — Data matching

65

 

(2)   

The bodies are—

(a)   

a body subject to audit,

(b)   

an English best value authority which is not a body subject to

audit.

(3)   

A person who without reasonable excuse fails to comply with a

5

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

(b)   

to an additional fine not exceeding £20 for each day on which

the offence continues after conviction for that offence.

10

(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

from any other source, are recoverable from that body.

(5)   

“English best value authority” means a best value authority other

15

than—

(a)   

a county council, county borough council or community

council in Wales,

(b)   

a National Park authority for a National Park in Wales,

(c)   

a police authority for a police area in Wales,

20

(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.

32C     

Voluntary provision of data

(1)   

If the Commission thinks it appropriate to conduct a data matching

25

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.

(2)   

A disclosure under subsection (1) does not breach—

(a)   

any obligation of confidence owed by a person making the

30

disclosure, or

(b)   

any other restriction on the disclosure of information

(however imposed).

(3)   

But nothing in this section authorises a disclosure which—

(a)   

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

35

(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

or include patient data.

(5)   

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

40

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.

(6)   

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

disclosed apart from this section.

45

 

 

Serious Crime Bill [HL]
Schedule 6 — Data matching

66

 

(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

(1)   

This section applies to the following information—

(a)   

information relating to a particular body or person obtained

5

by or on behalf of the Commission for the purpose of

conducting a data matching exercise,

(b)   

the results of any such exercise.

(2)   

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

behalf of the Commission if the disclosure is—

10

(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

or in connection with a function of that body corresponding

or similar to the functions of an auditor under Part 2 or the

15

functions of the Commission under this Part, or

(c)   

in pursuance of a duty imposed by or under a statutory

provision.

(3)   

The bodies are—

(a)   

the Auditor General for Wales,

20

(b)   

the Auditor General for Scotland,

(c)   

the Accounts Commission for Scotland,

(d)   

Audit Scotland,

(e)   

the Comptroller and Auditor General for Northern Ireland.

(4)   

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

25

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.

30

(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

35

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,

40

(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 HSS trust within the meaning of the Health and

45

Personal Social Services (Northern Ireland) Order

1991 (S.I. 1991/194 (N.I.1)).

 

 

Serious Crime Bill [HL]
Schedule 6 — Data matching

67

 

(7)   

Information disclosed under subsection (2) may not be further

disclosed except—

(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,

5

(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

10

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

15

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.

32E     

Fees for data matching

20

(1)   

The Commission must prescribe a scale or scales of fees in respect of

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.

25

(3)   

But if it appears to the Commission that the work involved in the

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

30

must consult—

(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,

35

for such period as is specified in the regulations, in place of any scale

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.

40

(6)   

Before making any regulations under subsection (5), the Secretary of

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

45

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

 

 

Serious Crime Bill [HL]
Schedule 6 — Data matching

68

 

payable in accordance with terms agreed between the Commission

and that body or person.

32F     

Code of data matching practice

(1)   

The Commission must prepare, and keep under review, a code of

practice with respect to data matching exercises.

5

(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) and such other bodies or

persons as the Commission thinks fit.

10

32G     

Powers of Secretary of State

(1)   

The Secretary of State may by order amend this Part—

(a)   

to add further purposes for which data matching exercises

may be conducted,

(b)   

to modify the application of this Part in relation to a purpose

15

so added.

(2)   

The purposes which may be added include in particular—

(a)   

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

fraud),

(b)   

to assist in the apprehension and prosecution of offenders,

20

(c)   

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

(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,

25

(c)   

to remove a body from that list.

(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

30

functions—

(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.”

35

3          

In section 52 (orders and regulations), after subsection (1) insert—

“(1A)   

No order shall be made under section 32G unless a draft of the order

has been laid before and approved by a resolution of each House of

Parliament.”

 

 

 
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