Local Government and Public Involvement in Health Act 2007

Chapter 3E+WAuditor General for Wales and auditors

166Registered social landlords in WalesE+W

After section 145C of the Government of Wales Act 1998 (c. 38) insert—

“145DAdvice and assistance for registered social landlords

(1)The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions.

(2)Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit.

(3)This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies).

(4)In this section, “registered social landlord in Wales” means a body which is—

(a)registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and

(b)mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.”

167Disclosure of information obtained by the Auditor General for Wales or an auditorE+W

(1)The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.

(2)In section 54 of that Act (restriction on disclosure of information), after subsection (2) insert—

“(2ZA)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 145C(5) or (8) of the Government of Wales Act 1998; 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.

(2ZB)An auditor who does not fall within subsection (2ZA), 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.

(2ZC)A person who does not fall within subsection (2ZA) or (2ZB) may also disclose such information in accordance with consent given by the Auditor General for Wales or an auditor.

(2ZD)Section 54ZA makes further provision about consent for the purposes of subsection (2ZC).”

(3)Omit subsection (2A) of that section.

(4)In subsection (3) of that section, for “subsection (2)” substitute “ this section ”.

(5)In subsection (4) of that section—

(a)in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both;”;

(b)omit paragraph (b).

(6)After that section insert—

“54ZAConsent under section 54(2ZC)

(1)Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section.

(2)A person requesting consent (“the applicant”) must make a request for consent which—

(a)is in writing,

(b)states the name of the applicant and an address for correspondence,

(c)describes the information in relation to which consent is requested, and

(d)identifies the person to whom the information will be disclosed.

(3)Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales or an auditor by or under an enactment.

(4)Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing.

(5)A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal.

(6)A person to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received.

(7)“Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”

(7)Omit section 54A of that Act (disclosure of information by or on behalf of public authorities).

(8)Nothing in this section has effect in relation to a disclosure made before the commencement of this section.