Search Legislation

Commissioner for Older People (Wales) Act 2006

Section 18: Power to disclose information

49.Subsections (1) to (3) place a duty upon the Commissioner not to disclose information obtained by him in the discharge of his functions, or from other commissioners or ombudsmen, other than for the purposes specified in subsection (3).  These include disclosure to other commissioners, ombudsmen, or public bodies (defined as "permitted persons" insubsection (9)) if it is in the public interest and for the purpose of the discharge of that permitted person’s functions (subsection (3)(b)).  There is also a "sunset provision" that enables the Commissioner to disclose information obtained by him more than 70 years before the proposed date of disclosure, if he considers its disclosure to be in the public interest (subsection (3)(h)).  Subsection (5) provides that, in determining whether disclosure is in the public interest, the Commissioner must take into account the interests of the person to whom the information relates and such other persons as he thinks appropriate.

50.Subsection (10) provides the Assembly with a power to add to the list of permitted persons, or omit or change the description of a person.  This could be used, for example, to accommodate the creation of a new ombudsman with whom it may be appropriate for the Commissioner to share information.

Back to top


Print Options


Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources