SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)
12Disclosure of information
1
Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to the Scottish Ministers where—
a
the person has an enforcement function in relation to the offence, and
b
the information is disclosed for the purpose of the exercise by the Scottish Ministers of any powers conferred on them under section 46 or 48 in relation to the offence.
2
The persons are—
a
a Procurator Fiscal,
b
a constable of a police force in Scotland.
3
It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.
4
A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).
5
Nothing in this paragraph authorises the making of a disclosure in contravention of—
a
the Data Protection Act 1998 (c.29), or
b
Part 1 of the Regulation of Investigatory Powers Act 2000 (c.23).
6
This paragraph does not affect a power to disclose which exists apart from this paragraph.