Audit Commission Act 1998 (repealed)

49 Restriction on disclosure of information.E+W

(1)No information relating to a particular body or other person and obtained by the Commission or an auditor, or by a person acting on behalf of the Commission or an auditor, pursuant to any provision of this Act [F1or of Part I of the Local Government Act 1999] or in the course of any audit or study under any such provision shall be disclosed except—

(a)with the consent of the body or person to whom the information relates;

(b)for the purposes of any functions of the Commission or an auditor under this Act [F2or under Part I of the 1999 Act];

[F3(ba)to the Commission for Social Care Inspection for the purposes of its functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003;

(bb)to the National Assembly for Wales for the purposes of its functions under Chapter 4 of that Part of that Act;]

(c)in the case of a health service body, for those purposes or for the purposes of the functions of the Secretary of State and the Comptroller and Auditor General under [F4the National Health Service Act 2006] [F5 or for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Chapter 3 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003] ;

[F6(ca)to Her Majesty's Chief Inspector of Education, Children's Services and Skills for the purposes of his functions under Chapter 4 of Part 8 of the Education and Inspections Act 2006;]

(d)for the purposes of the functions of the Secretary of State relating to social security;

[F7(da)for the purposes of any function of the Auditor General for Wales under the Public Audit (Wales) Act 2004 or (in relation to a health service body) under the Government of Wales Act 1998;]

[F8(dd)to the Mayor of London, where the information relates to the Greater London Authority or a functional body;]

[F9(de)for the purposes of the functions of an ethical standards officer or the Public Services Ombudsman for Wales under Part 3 of the Local Government Act 2000;]

[F10(df)for the purposes of the functions of a monitoring officer under that Part or regulations made under that Part;]

F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)for the purposes of any criminal proceedings.

F12(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)References in subsection (1) to studies and to functions of the Commission do not include studies or functions under section 36.

[F13(2A)A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information—

(a)in accordance with section 41(4); or

(b)in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment.

(2B)An auditor who does not fall within subsection (2A), or a person acting on his behalf, may also disclose such information except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment.

(2C)A person who does not fall within subsection (2A) or (2B) may also disclose such information in accordance with consent given by the Commission or an auditor.

(2D)Section 49ZA makes further provision about consent for the purposes of subsection (2C).]

(3)A person who discloses information in contravention of [F14this section] is guilty of an offence and liable—

(a)on summary conviction, F15... to a fine not exceeding the statutory maximum F15...

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .