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Proceeds of Crime Act 2002

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441 Disclosure of information by Lord Advocate and by Scottish MinistersE+W+S+N.I.

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(1)Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 of Part 5 may be disclosed to the Scottish Ministers in connection with the exercise of any of their functions under that Part.

(2)Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Part 3 or by or on behalf of the Scottish Ministers in connection with the exercise of any of their functions under Part 5 may be disclosed by him or by them if the disclosure is for the purposes of any of the following—

(a)any criminal investigation which is being or may be carried out whether in the United Kingdom or elsewhere;

(b)any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;

(c)the exercise of the functions of the Lord Advocate under Part 3;

(d)the exercise of the functions of the Scottish Ministers under Part 5;

(e)the exercise by the prosecutor of functions under Parts 2, 3 and 4;

[F1(fa)the exercise of the functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland under, or in relation to, Part 5 or 8;]

(g)the exercise by a customs officer or a constable of his functions under Chapter 3 of Part 5;

(h)safeguarding national security;

(i)investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447;

(j)the exercise of a designated function.

(3)If the Lord Advocate makes a disclosure of information for a purpose specified in subsection (2) he may make any further disclosure of the information by the person to whom he discloses it subject to such conditions as he thinks fit.

(4)If the Scottish Ministers make a disclosure of information for a purpose specified in subsection (2) they may make any further disclosure of the information by the person to whom they disclose it subject to such conditions as they think fit.

(5)A person mentioned in subsection (3) or (4) must not further disclose the information in contravention of the conditions.

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

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

(a)which contravenes the Data Protection Act 1998 (c. 29);

(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

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

(9)A designated function is a function which the Scottish Ministers think is a function of a public nature and which they designate by order.

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Amendments (Textual)

Commencement Information

I1S. 441 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I2S. 441 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

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