Search Legislation

Commissioner for Older People (Wales) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Commissioner for Older People (Wales) Act 2006, Section 18. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

18Power to disclose informationE+W

This section has no associated Explanatory Notes

(1)This section applies to—

(a)information obtained by the Commissioner in the discharge of any of his functions;

(b)information obtained by the Commissioner from the Public Services Ombudsman for Wales by virtue of section [F134V] of the Public Services Ombudsman (Wales) Act 2005 (c. 10) (working jointly with the Commissioner for Older People in Wales) [F2or section 66 of the Public Services Ombudsman (Wales) Act 2019 (working jointly with specified persons) ];

(c)information obtained by the Commissioner from another ombudsman by virtue of any provision in an enactment relating to that ombudsman which corresponds to any provision of section 17;

(d)information obtained by the Commissioner from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36) (disclosure between Information Commissioner and ombudsmen).

(2)Information to which this section applies must not be disclosed except where its disclosure is authorised by subsection (3).

(3)The Commissioner may disclose information to which this section applies—

(a)for the purpose of the discharge of any of his functions;

(b)if he is satisfied that the condition in subsection (4) is met and the disclosure is to a permitted person;

(c)for the purpose of proceedings for an offence of perjury alleged to have been committed in the course of an examination by the Commissioner under regulations made under section 10;

(d)for the purpose of an inquiry with a view to the taking of proceedings mentioned in paragraph (c);

(e)for the purpose of proceedings under section 11;

(f)if the information is to the effect that a person is likely to constitute a threat to the health or safety of one or more persons and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest;

(g)if the information is information to which subsection (6) applies and the disclosure is to the Information Commissioner;

(h)if the information was obtained by the Commissioner more than 70 years before the date of the disclosure and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest.

(4)The condition is that the disclosure is—

(a)appropriate for the purpose of the discharge by the permitted person of any of his functions; and

(b)in the public interest.

(5)In determining for the purpose of this section whether disclosure of information is in the public interest, the Commissioner must take into account the interests of—

(a)any person to whom the information relates; and

(b)such other persons he thinks appropriate.

(6)This subsection applies to information if it appears to the Commissioner to relate to—

(a)a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (7); or

(b)the commission of an offence mentioned in subsection (8).

(7)The enactments are—

[F3(a)sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement);]

(b)section 48 of the Freedom of Information Act 2000 (c. 36) (practice recommendations); and

(c)Part 4 of that Act (enforcement).

[F4(8)The offences are those under—

(a)a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc); or

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

(9)In this section—

  • other ombudsman” has the same meaning as in section 17;

  • permitted person” means—

    (a)

    the [F5Welsh Ministers];

    (aa)

    [F6the First Minister for Wales;

    (ab)

    the Counsel General to the Welsh Assembly Government;]

    (b)

    the Public Services Ombudsman for Wales;

    (c)

    the Children's Commissioner for Wales;

    (d)

    the Children's Commissioner;

    (e)

    the Commissioner for Children and Young People for Northern Ireland;

    (f)

    a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c. 52);

    (g)

    a council for a county or county borough in Wales;

    (h)

    a council for a county or district in England;

    (i)

    a council for a London borough;

    (j)

    a chief of police of a police force for a police area;

    (k)

    the chief constable of the British Transport Police Force.

(10)The [F7Welsh Ministers] may by order amend the definition of “permitted person” in subsection (9) by—

(a)adding a person;

(b)omitting a person;

(c)changing a description of a person.

Textual Amendments

F1Word in s. 18(1)(b) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199, Sch. 3 para. 33; S.I. 2014/2718, art. 2(b)

F5Words in s. 18(9)(a) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 137(2)(a)

F6S. 18(9)(aa)(ab) inserted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 137(2)(b)

F7Words in s. 18(10) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 137(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources