Mental Health (Care and Treatment) (Scotland) Act 2003

[F1 Confidentiality S

Textual Amendments

F1 Sch. 1A inserted (18.1.2014 for the purpose of the insertion of sch. 1A paras. 1, 2, 5, 16.5.2014 for the purpose of the insertion of sch. 1A paras. 3, 7(3)-(6), 14, 1.7.2014 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 31(2), 34(1); S.S.I. 2014/117, arts. 2, 3

Disclosure of information S

13 (1) This paragraph applies to— S

(a) the Commission,

(b) a person who is or has been a member of the Commission,

(c) NCF,

(d) a person who is or has been a member of NCF,

(e) a person who is or has been an employee of the Commission,

(f) a person who has been given information by a person carrying out NCF functions for the purpose of storing or preserving that information.

(2) A person must not disclose any information which—

(a) has been provided to the person in connection with the carrying out of the NCF functions, and

(b) is not otherwise in the public domain.

(3) Sub-paragraph (2) does not prevent disclosure of any information by the person in so far as—

(a) the disclosure is to another person mentioned in sub-paragraph (1) and is necessary for the purpose of enabling or assisting the carrying out by NCF or the Commission of any of its functions under this Act,

(b) the disclosure is necessary for the purpose of enabling—

(i) NCF to prepare a report in accordance with paragraph 11 or 12, or

(ii) the Commission to prepare its annual report mentioned in section 18(1),

(c) the disclosure is in accordance with sub-paragraph (4), (5) or (6).

(4) A member of NCF must disclose to a constable information received by that member to the extent that it is, in the opinion of the member acting in good faith, reasonably necessary to prevent the commission of an offence involving the abuse of a child.

(5) A member of NCF may disclose to a constable information received by that member to the extent that—

(a) it relates to an allegation made by a person who has given testimony that an offence involving the abuse of a child has been committed, and

(b) it is, in the opinion of the member acting in good faith, in the public interest to do so.

(6) A court may order disclosure of information in, or for the purposes of, civil or criminal proceedings (including the purposes of the investigation of any offence or suspected offence) if it is satisfied that—

(a) the disclosure is necessary in the interests of justice, and

(b) the extent of the disclosure is necessary in the interests of justice.]