- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Subsection (2) applies to a person who is or has been—
(a)a member of the Commission,
(b)a member of the Commission’s staff, or
(c)otherwise an agent of the Commission.
(2)The person must not disclose any information which—
(a)has been obtained by or on behalf of the Commission for the purposes of an inquiry, and
(b)is not at the time of the disclosure, and has not previously been, in the public domain,
unless the disclosure is authorised by subsection (3).
(3)Disclosure is authorised for the purposes of subsection (2) only so far as—
(a)it is made with the consent of the person from whom the information was obtained,
(b)it is necessary for the purpose of enabling or assisting the exercise by the Commission of any of its functions under this Act, or
(c)it is made for the purposes of legal proceedings, whether criminal or civil (including the purposes of the investigation of any offence or suspected offence).
(4)A person who knowingly contravenes subsection (2) commits an offence.
(5)A person guilty of an offence under subsection (4) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, or
(b)on conviction on indictment, to a fine.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: