SCHEDULES

SCHEDULE 9Data matching

Disclosure of results of data matching etc

I14

1

This paragraph applies to the following information—

a

information relating to a particular body or person obtained by or on behalf of a relevant minister for the purpose of conducting a data matching exercise, and

b

the results of any such exercise.

2

Information to which this paragraph applies may be disclosed by or on behalf of the minister if the disclosure—

a

is for or in connection with a purpose for which the data matching exercise is conducted,

b

is to a local auditor and is made for or in connection with the auditor's functions,

c

is in pursuance of a duty imposed by or under an enactment, or

d

is within sub-paragraph (3).

3

A disclosure is within this sub-paragraph if it is—

a

to a relevant audit authority or a related party, and

b

for or in connection with a function of the relevant audit authority corresponding or similar to—

i

the functions of a local auditor, or

ii

the functions of a relevant minister under this Schedule.

4

“Relevant audit authority” means—

a

the Auditor General for Wales;

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 (SI 2005/1968 (N.I.18)).

5

The related parties in relation to a relevant audit authority are—

a

a body or person acting on the authority's behalf,

b

a body whose accounts are required to be audited by the authority or by a person appointed by the authority, and

c

a person appointed by the authority to audit those accounts.

6

If the data used for a data matching exercise include patient data—

a

sub-paragraph (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body;

b

sub-paragraph (2)(b) or (d) applies only so far as the function for or in connection with which the disclosure is made relates to a relevant NHS body.

7

Information disclosed under sub-paragraph (2) may not be further disclosed except—

a

in the case of information disclosed under sub-paragraph (2)(a), for or in connection with the purpose for which it was disclosed under that sub-paragraph,

b

in the case of information disclosed under sub-paragraph (2)(b) or under sub-paragraphs (2)(d) and (3), for or in connection with the function for which it was disclosed under that sub-paragraph or those sub-paragraphs,

c

for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a) or (b)), or

d

in pursuance of a duty imposed by or under an enactment.

8

A person who discloses information to which this paragraph applies, except so far as that disclosure is authorised by sub-paragraph (2) or (7), is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

9

If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on or before the day on which this Act is passed—

a

section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offence in sub-paragraph (8) as if it were a relevant offence (as defined in section 85(3) of that Act), and

b

regulations described in section 85(11) of that Act may amend or otherwise modify sub-paragraph (8).

10

Schedule 11 (restriction on disclosure of information obtained under this Act) does not apply to information to which this paragraph applies.

11

In this paragraph “enactment” includes—

a

an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

b

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

c

an enactment contained in, or in an instrument made under, Northern Ireland legislation.

12

In sub-paragraph (6)—

  • “patient data” has the same meaning as in paragraph 3(5);

  • “relevant NHS body” means—

    1. a

      a health service body;

    2. b

      an NHS foundation trust;

    3. c

      the NHS Commissioning Board;

    4. d

      a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004;

    5. e

      an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002;

    6. f

      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.