Part 10Information

Scotland

I1I2439 Disclosure of information to Lord Advocate and to Scottish Ministers

1

Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of this section) may be disclosed to the Lord Advocate in connection with the exercise of any of his functions under Part 3 or to the Scottish Ministers in connection with the exercise of any of their functions under Part 5 F6or 8.

2

A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

3

But nothing in this section authorises the making of a disclosure—

a

which contravenes F1the data protection legislation;

b

which is prohibited by F2any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

4

This section does not affect a power to disclose which exists apart from this section.

5

These are permitted persons—

a

a constable;

F5b

F4F8the National Crime Agency but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act;

d

the Director of the Serious Fraud Office;

e

the Commissioners of Inland Revenue;

f

the Commissioners of Customs and Excise;

F7fa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

the Director of Public Prosecutions;

h

the Director of Public Prosecutions for Northern Ireland.

F3i

the Financial Conduct Authority.

6

The Scottish Ministers may by order designate as permitted persons other persons who exercise functions which they believe are of a public nature.

7

But an order under subsection (6) must specify the functions in respect of which the designation is made.

8

Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

9

The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—

a

in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;

b

in the case of the Commissioners of Customs and Excise, to a customs officer.