Section 38: Co-operation
212.This section provides that certain organisations are partners of panels and have a duty to co-operate with the panel, including by providing information. Subsection (2) provides that the partners (which include local authorities and police forces which are not members of a panel; certain health sector and education partners; and providers of probation services) are listed in Schedule 7. The duty of co-operation extends only so far as the co-operation is compatible with the exercise of the partners’ functions under any other enactment or rule of law (subsection (3)(b)). Subsection (4) provides that the co-operation duty does not require or authorise the disclosure of information (a) which would contravene the Data Protection Act 1998 or (b) which is sensitive information. Subsection (5) defines sensitive information. Partners must have regard to guidance issued by the Secretary of State (subsection (6)) and subsection (7) provides that before issuing any guidance the Secretary of State must consult (a) the Welsh Ministers so far as the guidance relates to panels in Wales; (b) the Scottish Ministers so far as the guidance relates to panels in Scotland; and (c) any person whom the Secretary of State considers appropriate. Subsection (8) has the effect of ensuring that partners of panels are required to co-operate with the police when they undertake assessments of persons to decide whether to refer those persons to panels.
