Part 3A

Data matching

Disclosure of results of data matching etc
64D
1
This section applies to the following information—
a
information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,
b
the results of any such exercise.
2
Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—
a
for or in connection with a purpose for which the data matching exercise is conducted,
b
to a body
or person
mentioned in subsection (3) (or a related party) for or in connection with a function of that body
or person
corresponding or similar to the functions of
the Auditor General
under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or
c
in pursuance of a duty imposed by or under a statutory provision.
3
The bodies
and persons
are—
a
the Secretary of State,
aa
the Minister for the Cabinet Office,
ab
a local auditor within the meaning of the Local Audit and Accountability Act 2014,
b
the Auditor General for Scotland,
c
the Accounts Commission for Scotland,
d
Audit Scotland,
e
the Comptroller and Auditor General for Northern Ireland,
f
a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).
4
“
Related party
”, in relation to a body
or person
mentioned in subsection (3), means—
a
a body or person acting on its behalf,
b
a body whose accounts are required to be audited by it or by a person appointed by it,
c
a person appointed by it to audit those accounts.
5
If the data used for a data matching exercise include patient data—
a
subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to—
i
a relevant NHS body
, or
ii
in relation to patient data which are held for the purposes of local authority social care provided to individuals aged 18 or over, a local authority,
b
subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.
6
In subsection (5)
and this subsection
—
za
“
local authority
” has the meaning given by section 275(1) of the National Health Service Act 2006,
zb
“
local authority social care
” means—
i
social care provided or arranged for by a local authority, or
ii
social care all or part of the cost of which is paid for with funds provided by a local authority,
a
“
patient data
” has the same meaning as in section 64C,
b
“
relevant NHS body
” means—
i
a Welsh NHS body as defined in section 60,
ii
a body mentioned in paragraph (a), (b) or (c) of paragraph 4(12) of Schedule 9 to the Local Audit and Accountability Act 2014 (“relevant NHS body”);
iii
an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),
iv
a health and social care body mentioned in paragraphs (a) to (e) of section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009,
c
“
social care
” has the meaning given by section 251(12A) of the National Health Service Act 2006.
7
Information disclosed under subsection (2) may not be further disclosed except—
a
for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,
b
for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or
c
in pursuance of a duty imposed by or under a statutory provision.
8
Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court
, to a fine not exceeding the statutory maximum or to both.
9
Section 54 does not apply to information to which this section applies.
10
In this section “
statutory provision
” has the meaning given in section 59(8).
S. 64D(8)(b) modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 91(1), 94, Sch. 13 para. 9(b); S.I. 2008/755, art. 16
Pt. 3A inserted (1.3.2008 for s. 64G(1)(3)(4) and 6.4.2008 otherwise) by Serious Crime Act 2007 (c. 27), ss. 73, 94, Sch. 7 para. 4; S.I. 2008/219, art. 3(i); S.I. 2008/755, art. 16
Words in s. 64D(2)(b) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 65(2) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
S. 64D(6)(b)(iv) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 65(3) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
Words in s. 64D(2)(b) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(2); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
Words in s. 64D(3) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(3); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
S. 64D(3)(a)-(ab) substituted for s. 64D(3)(a) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(4); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
Words in s. 64D(4) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(5); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
S. 64D(6)(b)(ii) substituted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 63(6); S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
Words in s. 64D(8)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
S. 64D(5)(a)(ii) and word inserted (4.9.2025) by The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 (S.I. 2025/993), arts. 1(1), 3(2)(b)
Words in s. 64D(6) inserted (4.9.2025) by The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 (S.I. 2025/993), arts. 1(1), 3(3)(a)
S. 64D(6)(za)(zb) inserted (4.9.2025) by The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 (S.I. 2025/993), arts. 1(1), 3(3)(b)
S. 64D(6)(c) inserted (4.9.2025) by The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 (S.I. 2025/993), arts. 1(1), 3(3)(c)
Words in s. 64D(5)(a) renumbered as s. 64D(5)(a)(i) (4.9.2025) by The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 (S.I. 2025/993), arts. 1(1), 3(2)(a)