Local Government and Public Involvement in Health Act 2007

Prospective

164 Disclosure of information obtained by the Audit Commission or an auditor E+W

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

(2) In section 49 of that Act (restriction on disclosure of information) omit subsection (1A).

(3) After subsection (2) of that section insert—

“(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).”

(4) In subsection (3) of that section—

(a) for “subsection (1)” substitute “ this section ”;

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

(c) omit paragraph (b).

(5) After that section insert—

“49ZA Consent under section 49(2C)

(1) Consent for the purposes of section 49(2C) 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 Commission 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.”

(6) Omit section 49A of that Act (disclosure of information by or on behalf of public authorities).

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