40 Documents relating to police and crime commissioners and chief constables
(1) If the Auditor General for Wales makes a report under section 22 and the report relates to a police and crime commissioner for, or the chief constable of a police force maintained under section 2 of the Police Act 1996 for, a police area in Wales, he must send a copy of the report to the Secretary of State and the Welsh Ministers.
(2) If the Auditor General for Wales has sent a document (or a copy of a document) relating to one or more police and crime commissioners for police areas in Wales to a police and crime commissioner for a police area in Wales, he may send a copy of the document to the Secretary of State and the Welsh Ministers.
(3) If the Auditor General for Wales has sent a document (or a copy of a document) relating to one or more chief constables of police forces maintained under section 2 of the Police Act 1996 for a police area in Wales, the Auditor General may send a copy of the document to the persons to whom a copy of a document may be sent under subsection (2).
(1) The Auditor General for Wales must for each financial year undertake ... studies designed to enable himto make recommendations—
(a) for improving economy, efficiency and effectiveness in the discharge of the functions of —
(i) county councils and county borough councils in Wales;
(ii) fire and rescue authorities in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
(iii) National Park authorities for National Parks in Wales;
(b) for improving economy, efficiency and effectiveness in the provision of services provided by other localgovernment bodies in Wales;
(c) for improving the financialor other management of local government bodies in Wales.
(2) The studies which the Auditor General for Wales is required to undertake ... under subsection (1) include in particular—
(a) studies designed to enable the Auditor General for Wales to determine what directions he should give under section 47;
(b) studies of information published in pursuance of section 47 which are designed to enable the Auditor General for Wales to determine, in relation to each financial year, what comparative information to publish himself about the standards of performance achieved by bodies which are relevant bodies for the purposes of that section.
(3) The Auditor General for Wales may undertake ... other studies relating to the provision of services by local government bodies in Wales.
(4) Where the Auditor General for Wales undertakes ... a study under this section, he must publish or otherwise make available—
(a) the results of the study, and
(b) any recommendations made by him.
(5) Before undertaking ... a study under this section, other than a study of a kind mentioned in paragraph (a) or (b) of subsection (2), the Auditor General for Wales must consult—
(a) any associations of local government bodies in Wales which appear to him to be concerned, and
(b) any associations of employees which appear to him to be appropriate.
(6) The Auditor General for Wales and the Welsh Ministers must co-operate with each other with respect to the exercise of their respective functions under this section and sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers).
(7) Subsection (8) applies in respect of the discharge of social services functions by local authorities in Wales.
(8) The Auditor General and the Social Care Wales must co-operate with each other with respect to the exercise of their respective functions under this section and section 70 of the Regulation and Inspection of Social Care (Wales) Act 2016 (studies by SCW as to economy etc.).
(9) In subsection (7) “social services functions” has the same meaning as in the Social Services and Well-being (Wales) Act 2014.
(1) The Auditor General for Wales must undertake ... studies designed to enable him to prepare reports as to the impact of —
(a) the operation of any statutory provisions, or
(b) any directions or guidance given by the Welsh Ministers (whether or not under a statutory provision),
on economy, efficiency and effectiveness in the discharge of the functions of localgovernment bodies in Wales.
(2) The Auditor General for Wales must from time to time lay before the National Assembly for Wales a report of any matters which,in his opinion—
(a) arise out of studies under this section, and
(b) ought to be drawn to the attention of the National Assembly for Wales.
(3) Before undertaking ... a study under this section, the Auditor General for Wales must consult—
(a) any associations of local government bodies in Wales which appear to him to be concerned, and
(b) any associations of employees which appear to him to be appropriate.
(4) The Auditor General for Wales and the Welsh Ministers must co-operate with each other with respect to the exercise of their respective functions under this section and sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers).
44 Studies at request of local government bodies in Wales
(1) The Auditor General for Wales may, at the request of a local government body in Wales, undertake ... studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of the body.
(2) Before making the request the body must consult any associations of employees which appear to it to be appropriate.
45 Benefit administration studies for Secretary of State
(1) The Auditor General for Wales may, at the request of the Secretary of State, conduct,or assist the Secretary of State in conducting, benefit administration studies.
(2) Benefit administration studies are studies designed to enable recommendations to be made for improving economy, efficiency, and effectiveness and quality of performance in the discharge by one or more local authorities in Wales of functions relating to the administration of housing benefit or council tax benefit (or both).
(3) Any information obtained in the course of a benefit administration study may be disclosed by the Auditor General for Wales to the Secretary of State for the purposes of any functions of the Secretary of State which are connected with housing benefit or council tax benefit.
(4) The Auditor General for Wales must send to the Secretary of State a copy of a report of a benefit administration study carried out by the Auditor General for Wales.
(5) The Secretary of State or the Auditor General for Wales may send a copy of a report of a benefit administration study to any local authority to which the study relates.
(6) The Secretary of State may publish a report of a benefit administration study in conjunction with the Auditor General for Wales.
(7) The Auditor General for Wales may conduct, or assist the Secretary of State in conducting, a benefit administration study only if the Secretary of State has made arrangements for the payment to the Wales Audit Office of a fee in respect of the study.
(8) The amount of the fee must be a reasonable amount agreed between the Secretary of State and the Wales Audit Office, (but may not exceed the full cost incurred by the Auditor General for Wales in conducting, or assisting the Secretary of State to conduct, the study).
(9) A fee payable under this section must be charged in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.
(1) Each of these local government bodies in Wales is a relevant body for the purposes of sections 47 to 49—
(a) a local authority in Wales;
(b) a committee of a local authority in Wales (including a joint committee of two or more local authorities in Wales);
(ba) a corporate joint committee;
(c) a National Park authority for a National Park in Wales;
(d) a police and crime commissioner for a police area in Wales;
(e) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.
(2) the Welsh Ministers may by order provide for sections 47 to 49 to have effect as if any other local government body in Wales were a relevant body for the purposes of those sections.
(3) In this section “local authority in Wales” does not include a community council.
47 Publication of information as to standards of performance
(1) The Auditor General for Wales must give any directions which he thinks fit for requiring relevant bodies to publish the information mentioned in subsection (2).
(2) The information is information relating to their activities in a financial year which will, in the opinion of the Auditor General for Wales, facilitate the making of appropriate comparisons—
(a) between the standards of performance achieved by different relevant bodies in the financial year, or
(b) between the standards of performance achieved by relevant bodies in different financial years.
(3) The comparisons are to be made by reference to the criteria of cost, economy, efficiency and effectiveness.
(4) If a relevant body is required by a direction under this section to publish information in relation to a financial year, it must—
(a) make arrangements for collecting and recording the information which secure that the information is available for publication and (so far as practicable) that everything published in pursuance of the direction is accurate and complete,
(b) publish the information in accordance with the direction and in a method permitted under section 48 before the end of the period of 9 months starting immediately after the end of the financial year, and
(c) in the case of a relevant body which is not a corporate joint committee, keep a document containing any information published in pursuance of the direction available for inspection by local government electors for its area.
(5) The Welsh Ministers may by order vary the period specified in subsection (4)(b).
(6) The period specified in an order under subsection (5) must not be longer than 9 months starting immediately after the end of the financial year in question.
(7) A local government elector for the area of a relevant body may—
(a) at all reasonable times and without payment, inspect and make copies of the whole or any part of a document kept available for inspection by the body under subsection (4)(c);
(b) require copies of the whole or part of any such document to be delivered to him on payment of a reasonable sum for each copy.
(8) A person who has custody of a document kept available for inspection under subsection (4)(c) commits an offence if—
(a) he obstructs a person in the exercise of his rights under subsection (7), or
(b) he refuses to comply with a requirement under subsection (7)(b).
(9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
48 Permitted methods of publishing information under section 47
(1) The permitted methods of publication referred to in section 47(4)(b) are—
(a) in the case of a relevant body which is a corporate joint committee, electronic publication;
(b) in the case of a relevant body which is not a corporate joint committee, the methods mentioned in subsections (2) and (3).
(2) The relevant body may publish the information in a newspaper which is—
(a) printed for sale, and
(b) circulating in its area.
(3) If the relevant body ensures that the distribution condition is met with respect to the information, it may publish the information in a newspaper or periodical publication which—
(a) is produced and distributed by another person (other than a local authority company), and
(b) is free of charge to the recipient.
(4) A relevant body ensures that the distribution condition is met with respect to information if—
(a) in any case, the body takes all reasonable steps to secure that a copy of a publication containing the information is distributed to each dwelling house in its area;
(b) in a case where the body considers that the information is of concern to persons carrying on business in its area, the body takes such steps as it considers reasonable and practicable to secure that a copy of a publication containing the information is also distributed to business premises in its area.
(5) A local authority company is a company under the control of a local authority.
(6) Section 68(1) of the Local Government and Housing Act 1989 (c. 42) (company under control of local authority) has effect for the purposes of subsection (5) as it has effect for the purposes of Part 5 of that Act.
(1) A direction under section 47 requiring the publication of information must—
(a) identify the financial year or years in relation to which the information is to be published,
(b) specify or describe the activities to which the information is to relate, and
(c) make provision as to the matters to be contained in the information and as to the form in which it is to be published.
(2) A direction under section 47—
(a) may be given so as to apply either to all relevant bodies or to all relevant bodies of a description specified in the direction;
(b) may be varied or revoked by a subsequent direction under that section.
(3) Before giving a direction under section 47 which imposes a new requirement on a relevant body as to the publication of any information the Auditor General for Wales must consult—
(a) any associations of relevant bodies he thinks fit, and
(b) any other persons he thinks fit.
(4) A direction under section 47 imposing a new requirement on a relevant body as to the publication of any information must not be given later than the 31 December in the financial year which precedes the relevant financial year.
(5) The relevant financial year is the financial year in relation to which the information is to be published.
(6) If the Auditor General for Wales gives a direction under section 47 he must—
(a) publish the direction in the manner he considers appropriate for bringing it to the attention of members of the public, and
(b) send a copy of the direction to every relevant body on which duties are imposed by virtue of the direction.
(7) References in this section to the imposition of a new requirement on a relevant body as to the publication of information are to—
(a) the imposition of a requirement by the first direction under section 47 to apply to the body;
(b) any subsequent extension of or addition to—
(i) the matters to be contained in the information which the body is required to publish in relation to a financial year in pursuance of directions under section 47, or
(ii) the activities to which any such information is to relate.
51 Social security references and reports to Secretary of State
(1) The Auditor General for Wales may refer to the Secretary of State any matter arising from an audit or study under this Part if it appears that the matter may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Auditor General for Wales may send to the Secretary of State a copy of any report—
(a) made by him under section 22, and
(b) which contains observations on the administration by a local authority in Wales of housing benefit or council tax benefit.
52 Rights of Auditor General for Wales to documents and information
(1) The Auditor General for Wales has a right of access at all reasonable times to every document relating to a local government body in Wales which appears to him necessary for the purposes of his functions under this Part.
(2) The documents relating to a body to which the right conferred by subsection (1) applies may include in particular—
(a) a document which is held or controlled by a person who has received financial assistance from the body by means of a grant, loan or guarantee or as a result of the taking of an interest in any property or body corporate;
(b) a document which is held or controlled by a person who has supplied goods or services to the body in pursuance of a contract to which the body was party or who has supplied goods or services in pursuance of a relevant sub-contract;
(c) a document of a description specified in an order made by the Welsh Ministers.
(3) For the purposes of subsection (2)(b) a contract is a relevant sub-contract if its performance fulfils, or contributes to the fulfilment of, an obligation to supply goods or services to the body in another contract.
(4) The Auditor General for Wales may require a person whom he thinks has information of the kind mentioned in subsection (5)—
(a) to give him any assistance, information and explanation which the Auditor General for Wales thinks necessary for the purposes of his functions under this Part;
(b) to attend before him in person to—
(i) give the assistance, information or explanation, or
(ii) produce any document which is held or controlled by the person and to which the right conferred by subsection (1) applies.
(5) The information is information which relates to—
(a) a local government body in Wales;
(b) a document to which the right conferred by subsection (1) applies;
(c) a person who holds or controls such a document.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Every local government body in Wales must provide the Auditor General for Wales with every facility and all information which he may reasonably need for the purposes of his functions under this Part.
(8) Before making an order under subsection (2)(c) the Welsh Ministers must consult—
(a) the Auditor General for Wales, and
(b) any associations of local authorities in Wales which appear to it to be concerned.
(9) A statutory instrument containing an order under subsection (2)(c) is (unless a draft of the order has been laid before, and approved by a resolution of the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.
53 Rights of Auditor General for Wales to documents and information: offences
(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed by the Auditor General for Wales under section 52(4).
(2) A person guilty of an offence under subsection (1) is liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale, and
(b) to an additional fine not exceeding £20 for each day on which the offence continues after he has been convicted of it.
(3) Subsection (4) applies if—
(a) a person is convicted of an offence under subsection (1), and
(b) expenses are incurred by the Auditor General for Wales or the Wales Audit Office in connection with proceedings for the offence.
(4) The expenses may be recovered by the Wales Audit Office from the convicted person or an appropriate person, to the extent that they are not recovered from any other source.
(5) An appropriate person is a person who controlled the document referred to in section 52(5) at the time the requirement was imposed.
(1) This section applies if information relating to a particular body or other person is obtained by the Auditor General for Wales or a person acting on behalf of the Auditor General for Wales by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013—
(a) pursuant to a provision of this Part ... or Part 1 of the Local Government (Wales) Measure 2009,
(aa) pursuant to a provision of Chapter 1 or 1A of Part 6 or section 159 of the Local Government and Elections (Wales) Act 2021, or
(b) in the course of an audit, study assessment or inspection under a provision of this Part, section 145C of the Government of Wales Act 1998 (c. 38) ... or Part 1 of the Local Government (Wales) Measure 2009 or Chapter 1 or 1A of Part 6 of the Local Government and Elections (Wales) Act 2021.
(2) The information must not be disclosed except in accordance with any of these—
(a) with the consent of the body or person to whom the information relates;
(b) for the purposes of any functions of the Auditor General for Wales ... under this Part ... or Part 1 of the Local Government (Wales) Measure 2009 or Chapter 1 or 1A of Part 6 of the Local Government and Elections (Wales) Act 2021;
(ba) section 159 of the Local Government and Elections (Wales) Act 2021;
(bb) for the purposes of any functions of the Auditor General for Wales which are specified functions within the meaning of section 159 of the Local Government and Elections (Wales) Act 2021 (and are not mentioned elsewhere in this subsection);
(c) for the purposes of the functions of the Secretary of State relating to social security;
(d) for the purposes of the functions of the Public Services Ombudsman for Wales under Part 3 of the Local Government Act 2000 (c. 22);
(e) for the purposes of any functions of the Welsh Ministers which are connected with the discharge of social services functions by local authorities in Wales;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) for the purposes of any criminal investigation which is being or may be carried out, whether in the United Kingdom or elsewhere;
(h) for the purposes of any criminal proceedings which have been or may be initiated, whether in the United Kingdom or elsewhere;
(i) for the purposes of the initiation or bringing to an end of any such investigation or proceedings;
(j) for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.
(2ZA) A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information—
(a) in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or
(b) in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment.
(2ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2ZC) A person who does not fall within subsection (2ZA) ... may also disclose such information in accordance with consent given by the Auditor General for Wales ....
(2ZD) Section 54ZA makes further provision about consent for the purposes of subsection (2ZC).
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A person commits an offence if he discloses information in contravention of this section.
(4) A person guilty of an offence under subsection (3) is liable—
(a) on summary conviction, . . . to a fine not exceeding the statutory maximum . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In subsection (2) “social services functions” has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section.
(2) A person requesting consent (“ the applicant ”) must make a request for consent which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
(c) describes the information in relation to which consent is requested, and
(d) identifies the person to whom the information will be disclosed.
(3) Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales ... by or under an enactment.
(4) Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing.
(5) A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal.
(6) The Auditor General for Wales must give or refuse consent not later than the twentieth working day following the day on which the request is received.
(7) “ Working day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
55 Supply of benefit information to Auditor General for Wales
The Secretary of State may supply to the Auditor General for Wales any information held by the Secretary of State which—
(a) relates to housing benefit or council tax benefit, and
(b) appears to the Secretary of State to be relevant to the exercise of any function of the Auditor General for Wales.
56 Publication of information by Auditor General for Wales
(1) The Auditor General for Wales may publish information with respect to any of these—
(a) the making ... of a report under section 22;
(b) the subject-matter of a report under section 22;
(c) the decision made and other action taken by a body in response to the receipt of a report under section 22 or to anything in a report under section 22;
(d) a contravention by a body of regulations made under section 39;
(e) a contravention by a body of an obligation imposed on the body under section 47(4).
(2) The information that may be published under subsection (1)(a), (b) or (c) does not include information excluded under section 26(5) from an approved summary published under section 26(4)(c).
(3) The Auditor General for Wales must inform a body before publishing information under subsection (1) relating to it.
(4) Information published under subsection (1) must be published in any manner which the Auditor General for Wales considers appropriate for bringing the information to the attention of members of the public who may be interested in it.
(1) Any power conferred on the Welsh Ministers by this Part to make orders or regulations is exercisable by statutory instrument.
(2) Any power conferred on the Welsh Ministers or the Secretary of State to make an order or regulations under this Part includes power—
(a) to make such incidental, consequential, transitional or supplementary provision as the Welsh Ministers or the Secretary of State thinks appropriate;
(b) to make different provision for different cases, including different provision for different localities and different bodies and descriptions of bodies.
(1) This section applies for the interpretation of this Part.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) “Local authority in Wales” means a county council, county borough council or community council in Wales.
(6) “Local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts.
(7) A reference to a local government elector for an area, in relation to a National Park authority which is the local planning authority for a National Park, is to a local government elector for any area the whole or part of which is comprised in the Park.
(8) “Statutory provision” means a provision contained in or having effect under an enactment.
(9) “Corporate joint committee” means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.
In this Part “Welsh NHS body” means—
(a) a Local Health Board,
(b) a Special Health Authority performing functions only or mainly in respect of Wales,
(c) a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales or any trustees appointed in pursuance of paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 for such a trust, or
(d) a body of trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 (c. 32) and section 95(1) of the National Health Service Act 1977 (c. 49) and section 160(1) of the National Health Service (Wales) Act 2006 for a trust all or most of whose hospitals, establishments and facilities are situated in Wales.
(1) The accounts prepared by a Welsh NHS body under paragraph 4(2) of Schedule 12B to the National Health Service Act 1977 (preparation of annual accounts of Welsh NHS bodies) for a financial year must be submitted by that body to the Auditor General for Wales no later than five months after the end of that year.
(2) The Auditor General for Wales must—
(a) examine and certify any accounts submitted to him under this section, and
(b) no later than four months after the accounts are submitted to him, lay before the National Assembly for Wales a copy of them as certified by him together with his report on them.
(3) In examining any accounts submitted to him under this section, the Auditor General for Wales must, in particular, satisfy himself—
(a) that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and
(b) that the body to which the accounts relate has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
62 Co-operation with Welsh Ministers, ... or Care Quality Commission
The Auditor General for Wales must co-operate with—
(a) the Welsh Ministers,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the Care Quality Commission,
where it seems to him appropriate to do so for the efficient and effective discharge of his functions in relation to Welsh NHS bodies.
63 Audit of accounts of officers of Welsh NHS bodies
(1) This section applies where an officer of a Welsh NHS body receives money or other property—
(a) on behalf of that body, or
(b) for which he ought to account to that body.
(2) The officer must keep accounts.
(3) The accounts of the officer must—
(a) be made up each year to 31 March, and
(b) be audited by the Auditor General for Wales,
and section 61 applies with the necessary modifications in relation to the accounts and audit.
(1) The Care Quality Commission must, on request, provide the Auditor General for Wales with any information he may reasonably require for the purpose of making comparisons, in the discharge of his functions under sections 145 and 145A of the Government of Wales Act 1998 (c. 38) in relation to a Welsh NHS body, between the Welsh NHS body and English NHS bodies and cross-border SHAs.
(2) Subsection (1) does not require information to be provided in circumstances where (but for that subsection) the disclosure of the information would contravene section 76 of the Health and Social Care Act 2008 (disclosure of confidential personal information: offence).
(3) In this section—
“English NHS body” has the meaning given by subsection (1) of section 97 of that Act; and
“cross-border SHA” means a cross-border Special Health Authority as defined by that subsection.
(1) The Auditor General for Wales may conduct data matching exercises ....
(2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).
(3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.
(4) That assistance may, but need not, form part of an audit.
(5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.
(6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.
(1) The Auditor General for Wales may require—
(a) any body mentioned in subsection (2), and
(b) any officer or member of such a body,
to provide the Auditor General or a person acting on his behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.
(2) The bodies are—
(a) a local government body in Wales (as defined in section 12(1));
(b) a Welsh NHS body (as defined in section 60).
(3) A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale, and
(b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.
(4) If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General or by the Wales Audit Office in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body by the Wales Audit Office.
(1) If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013.
(2) A disclosure under subsection (1) does not breach—
(a) any obligation of confidence owed by a person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(3) But nothing in this section authorises a disclosure which—
(a) contravenes the data protection legislation, or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(4) Data may not be disclosed under subsection (1) if the data comprise or include patient data.
(5) In this section—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.
(6) This section does not limit the circumstances in which data may be disclosed apart from this section.
(7) Data matching exercises may include data provided by a body or person outside England and Wales.
(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).
(1) Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise).
(2) But the report may not include information relating to a particular body or person if—
(a) the body or person is the subject of any data included in the data matching exercise,
(b) the body or person can be identified from the information, and
(c) the information is not otherwise in the public domain.
(3) A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.
(4) This section does not affect any powers of ... the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3.
(A1) The Wales Audit Office may, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, charge a fee in respect of a data matching exercise undertaken by the Auditor General for Wales.
(1) The Wales Audit Office must prescribe a scale or scales of fees in respect of data matching exercises.
(2) A body required under section 64B(1) to provide data for a data matching exercise must pay to the Wales Audit Office the fee applicable to that exercise in accordance with the appropriate scale.
(3) But if it appears to the Wales Audit Office that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Wales Audit Office may charge the body a fee which is larger or smaller than that referred to in subsection (2).
(4) Before prescribing a scale of fees under this section, the Wales Audit Office must consult—
(a) the bodies mentioned in section 64B(2), and
(b) such other bodies or persons as the Wales Audit Office thinks fit.
(5) If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Wales Audit Office and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers.
(6) Before making any regulations under subsection (5), the Welsh Ministers must consult—
(a) the Wales Audit Office, and
(b) such other bodies or persons as they think fit.
(7) The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(8) In addition to the power under subsection (2), the Wales Audit Office may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Wales Audit Office and that body or person.
(9) Any terms as to payment agreed by the Wales Audit Office under subsection (8) must be in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.
(10) A fee charged under this section may not exceed the full cost of exercising the function to which it relates.
(1) The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises.
(2) Regard must be had to the code in conducting and participating in any such exercise.
(3) Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commission and such other bodies or persons as the Auditor General thinks fit.
(4) The Auditor General must—
(a) lay a copy of the code, and of any alterations made to the code, before the National Assembly for Wales, and
(b) from time to time publish the code as for the time being in force.
(1) The Secretary of State may by order amend this Part—
(a) to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,
(b) to modify the application of this Part in relation to a purpose so added.
(2) The purposes which may be added are—
(a) to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales,
(b) to assist in the apprehension and prosecution of offenders in or with respect to Wales,
(c) to assist in the recovery of debt owing to Welsh public bodies.
(3) The Secretary of State may by order amend this Part—
(a) to add a Welsh public body to the list of bodies in section 64B(2),
(b) to modify the application of this Part in relation to a body so added,
(c) to remove a body from that list.
(4) Before making an order under this section, the Secretary of State must consult the Auditor General for Wales.
(5) An order under this section—
(a) is to be made by statutory instrument, and
(b) may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.
(6) No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.
(7) In this section “Welsh public body” means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales.
(1) The Government of Wales Act 1998 is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (9) of that section, after paragraph (b) add
and
(c) “public body” means—
(i) a body exercising functions of a public nature, or
(ii) a body entirely or substantially funded from public money.
(4) In Schedule 17, in Part 1 (bodies subject generally to audit etc provisions), in paragraph 1 omit “(other than the Care Council for Wales)”.
(1) Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) to an enactment amended by this Act is to be treated as a reference to that enactment as amended by this Act.
(2) Subsection (1) does not affect the power to make further Orders varying or omitting those references.
67A Assistance by Auditor General to inspectorates
(1) The Auditor General for Wales may provide assistance to—
(a) Her Majesty's Chief Inspector of Prisons,
(b) Her Majesty's Inspectors of Constabulary,
(c) Her Majesty's Chief Inspector of the Crown Prosecution Service,
(d) Her Majesty's Inspectorate of Probation for England and Wales,
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the discharge of any of their functions.
(2) Assistance under subsection (1) may be provided on such terms, including terms as to payment, as the Wales Audit Office and the body or person in question may agree, but any terms as to payment agreed by the Wales Audit Office must be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.
(3) Any sums charged in relation to assistance provided under this section may not exceed the full cost of providing that assistance.
For the purposes of the law of defamation, the publication in a communication between the Auditor General for Wales or the Wales Audit Office and the Public Services Ombudsman for Wales of a matter in connection with a joint investigation conducted under section 68(2) of the Public Services Ombudsman (Wales) Act 2019, is absolutely privileged.