SCHEDULES
SCHEDULE 9

Data matching

Disclosure of results of data matching etc
4
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 health service body;
  2. an NHS foundation trust;
  3. NHS England;
  4. a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004;
  5. an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002;
  6. 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.
Sch. 9 para. 4 in force at 1.4.2015 by S.I. 2015/841, art. 3(u)
Words in Sch. 9 para. 4(12) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 23; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)