17EInformation sharing in respect of mentally-disordered offenders

1

Where the Scottish Ministers are subject to a duty under section 16 or 16A to give a person (“V”) information about another person (“O”), they must give notice to—

a

O's responsible medical officer, and

b

if O is subject to a compulsion order, the Mental Health Tribunal.

2

A notice under subsection (1) is to request that the recipient of the notice provide the Scottish Ministers with information in such circumstances as may be specified in the notice.

3

The information that the Scottish Ministers may request in a notice under subsection (1) must be information about O which they will require in order to fulfil their duty to give information to V under section 16, 16A or 17D.

4

The recipient of a notice under subsection (1) must provide the Scottish Ministers with the information requested in the notice in the circumstances specified in it.

5

If the Scottish Ministers cease to be required to give anyone information about O under section 16 or 16A—

a

they must intimate that fact to anyone to whom they sent a notice in relation to O in accordance with subsection (1), and

b

on receiving that intimation, subsection (4) ceases to apply to the person who received the intimation.