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SCHEDULE 5Disclosure of information by the Ombudsman

(introduced by section 20)

Person or bodyMatter
The Information Commissioner
1.

A matter in respect of which the Commissioner could exercise any power conferred by—

(a)

Part V (enforcement) of the Data Protection Act 1998 (c. 29),

(b)

section 48 (practice recommend-ations) of the Freedom of Information Act 2000 (c. 36), or

(c)

Part IV (enforcement) of that Act

2.

The commission of an offence under—

(a)

any provision of the Data Protection Act 1998 (c. 29) other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(b)

section 77 of the Freedom of Information Act 2000 (c. 36) (offence of altering etc. records with intent to prevent disclosure)

The Auditor General for Scotland
1.

The audit of an account under sections 21 and 22 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”)

2.

A matter in respect of which the Auditor General could exercise the power conferred by subsection (1) (power to initiate economy, efficiency and effectiveness examinations) of section 23 of that Act

3.

An examination under that section

A person appointed to audit an account under sections 21 and 22 of the 2000 ActThe audit of an account under those sections
A person appointed to carry out an examination under section 23 of the 2000 ActAn examination under that section
The Scottish Commission for Public AuditA matter in respect of which the Commission could exercise the power conferred by section 25(4) (power to initiate economy, efficiency and effectiveness examinations in relation to Audit Scotland) of the 2000 Act
A person appointed to audit an account of Audit Scotland under subsection (1) of section 25 of the 2000 ActThe audit of an account under that subsection
A person appointed to carry out an examination under subsection (4) of section 25 of the 2000 ActAn examination under that subsection
The Accounts Commission for ScotlandA matter in respect of which the Commission could exercise any function conferred by section 97A (studies for improving economy etc. in services), 102(1) (power of Commission to require Controller of Audit to make a report), 103 (action by Commission on reports by Controller of Audit) or 105A (studies of benefit administration at request of Secretary of State) of the Local Government (Scotland) Act 1973 (c. 65) (“the 1973 Act”)
The Controller of Audit appointed under section 97(4) of the 1973 ActA matter in respect of which the Controller of Audit could exercise any function conferred by section 102 (reports to Commission by Controller of Audit) of the 1973 Act
An auditor within the meaning of section 97(6) of the 1973 ActThe audit of an account under Part VII of the 1973 Act