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Part 13E+WMiscellaneous

Assessing etc. risks posed by sexual or violent offendersE+W

325Arrangements for assessing etc risks posed by certain offendersE+W

(1)In this section—

(2)The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by—

(a)relevant sexual and violent offenders,

[F3(aa)relevant terrorist offenders,]

(b)other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public [F4, and

(c)other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.]

(3)In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their [F5relevant functions].

[F6(4)A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies.

(4A)This subsection applies to—

(a)the responsible authority,

(b)a person specified in subsection (6), and

(c)a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2).

(4B)A disclosure under subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(4C)But subsection (4) does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or

(b)would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4D)Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection.

(4E)The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4).

(4F)But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act).

(4G)Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).]

(5)The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate.

(6)The persons referred to in subsections (3) [F7, (4A)(b)] and (5) are—

(a)every youth offending team established for an area any part of which falls within the relevant area,

(b)the Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training,

[F8(ba)[F9NHS England],]

(c)every [F10local authority acting in the exercise of its relevant functions] any part of whose area falls within the relevant area,

(d)every local housing authority F11... any part of whose area falls within the relevant area,

[F12(da)every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,]

(e)every [F13private registered provider of social housing or] registered social landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or (b) reside or may reside,

(f)every Health Authority F14... any part of whose area falls within the relevant area,

(g)every [F15integrated care board or] F16... Local Health Board any part of whose area falls within the relevant area,

(h)every NHS trust any part of whose area falls within the relevant area, F17...

(i)every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services [F18, and

(j)the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency)].

(7)The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person.

(8)The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section and [F19sections 326 and 327A].

[F20(8A)Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.]

(9)In this section—

Textual Amendments

F14Words in s. 325(6)(f) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F15Words in s. 325(6)(g) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F16Words in s. 325(6)(g) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(d)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F24In s. 325(9) in definition of "NHS Trust" words substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 5, 8, Sch. 1 para. 254 (with Sch. 3 Pt. 1)

F26S. 325(9): definition of "a relevant provider of probation services" inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(16)(b)

Commencement Information

I1S. 325 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))