Health (Repayment Scheme) Act 2006
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Records. |
12.— (1) The scheme administrator and, if different, the Executive, may each access and process any relevant records for the purposes of this Act. | |
(2) Subject to subsection (3), the scheme administrator and, if different, the Executive shall, as soon as is practicable after the commencement of this section, prepare and cause to be promulgated a code of practice to be complied with by a person accessing and processing any relevant records pursuant to subsection (1), or a person referred to in subsection (4) having any relevant information in the person’s possession, custody or control, in so far as the relevant records or relevant information, as the case may be, consist of personal data. | ||
(3) The scheme administrator and, if different, the Executive shall not perform the function under subsection (2) except after consultation with the Data Protection Commissioner within the meaning of the Data Protection Acts 1988 and 2003. | ||
(4) Subject to subsection (5) and section 14 , a person shall not disclose relevant information except for the purpose of the performance of a function by the person under this Act or the provision of services referred to in section 3 (1). | ||
(5) A person may disclose relevant information to a member of the Garda Síochána if the person reasonably believes that the disclosure is necessary in order to prevent the continuance of an act constituting a crime. | ||
(6) Documents that are prepared for the purpose of performing a function under this Act shall not constitute Departmental records within the meaning of section 2 (2) of the National Archives Act 1986 . | ||
(7) The Executive shall determine the storage, retention or disposal of— | ||
(a) applications (including any documents accompanying applications), | ||
(b) documents referred to in subsection (6), and | ||
(c) relevant records which are in the possession of, or under the control of, the scheme administrator and, if different, the Executive. | ||
(8) The scheme administrator may request in writing a person to provide the scheme administrator with access to, or copies of, relevant records which— | ||
(a) are in the possession of, or under the control of, the person, and | ||
(b) will or may assist the scheme administrator to perform the scheme administrator’s functions under this Act. | ||
(9) A person the subject of a request under subsection (8) shall comply with the request as soon as is practicable after the person receives the request. | ||
(10) The Revenue Commissioners may request in writing the scheme administrator to provide them with such information in relation to prescribed repayments made to a person as will or may assist the Commissioners to perform their functions in relation to the assessment, charge, collection and recovery of any tax liabilities applicable to or in relation to the person (including, in the case of a deceased person, the estate of that person). | ||
(11) The scheme administrator shall comply with a request under subsection (10) as soon as is practicable after the scheme administrator receives the request. | ||
(12) In this section— | ||
“ relevant information ”, in relation to a person referred to in subsection (4), means information that is provided under this Act to the scheme administrator, the Executive or a person appointed under section 16 (3) and obtained by the first-mentioned person in the course of the performance of a function of the person under this Act or in the provision of services referred to in section 3 (1); | ||
“ relevant record ” means any record which will or may assist the scheme administrator to determine an application under section 6 . |