441 Disclosure of information by Lord Advocate and by Scottish MinistersU.K.
(1)Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 [F1or 3A] 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 [F2or 8] 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 [F3or 8];
(e)the exercise by the prosecutor of functions under Parts 2, 3 and 4;
[F4(fa)the exercise of the [F5functions of the Director of Public Prosecutions, F6... the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland ] [F5functions of a relevant authority, as defined by section 435(4),] under, or in relation to, Part 5 or 8;]
(g)the exercise by [F7a customs officer or] a constable of his functions under Chapter 3 [F8, 3A or 3B] 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 [F9the data protection legislation];
(b)which is prohibited by [F10any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
(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.
Textual Amendments
F1Words in s. 441(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(2); S.I. 2018/78, reg. 5(1)(e)
F2Words in s. 441(2) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(a); S.I. 2018/78, reg. 5(1)(e)
F3Words in s. 441(2)(d) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(b); S.I. 2018/78, reg. 5(1)(e)
F4S. 441(2)(fa) substituted for s. 441(2)(f) (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 136; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F5Words in s. 441(2)(fa) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(c); S.I. 2018/78, reg. 5(1)(e)
F6Words in s. 441(2)(fa) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 31
F7Word in s. 441(2)(g) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(d)(i); S.I. 2018/78, reg. 5(1)(e)
F8Words in s. 441(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(d)(ii); S.I. 2018/78, reg. 5(1)(e)
F9Words in s. 441(7)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 84 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F10Words in s. 441(7)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 12(5) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
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.