38Co-operationE+W+S
(1)The partners of a panel must, so far as appropriate and reasonably practicable, act in co-operation with—
(a)the panel in the carrying out of its functions;
(b)the police [F1and local authorities] in the carrying out of their functions in connection with section 36.
(2)The partners of a panel are the persons and bodies specified in Schedule 7.
(3)The duty of a partner of a panel to act in co-operation with the panel—
(a)includes the giving of information (subject to subsection (4));
(b)extends only so far as the co-operation is compatible with the exercise of the partner's functions under any other enactment or rule of law.
(4)Nothing in this section requires or authorises the making of—
(a)a disclosure that would contravene [F2the data protection legislation];
(b)a disclosure of any sensitive information.
[F3(4A)“The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]
(5)“Sensitive information” means information—
(a)held by an intelligence service,
(b)obtained (directly or indirectly) from, or held on behalf of, an intelligence service,
(c)derived in whole or part from information obtained (directly or indirectly) from, or held on behalf of, an intelligence service, or
(d)relating to an intelligence service.
(6)In carrying out the duty imposed by subsection (1), partners of a panel must have regard to any guidance given by the Secretary of State about the carrying out of that duty.
(7)Before issuing guidance under subsection (6) the Secretary of State must (whether before or after this Act is passed) 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;
(c)any person whom the Secretary of State considers appropriate.
(8)The reference in subsection (1)(b) to functions of the police [F4and local authorities] in connection with section 36 includes, in particular, a chief officer's [F5or local authority's] function of determining whether an individual should be referred to a panel for the carrying out of an assessment of the kind mentioned in subsection (1)(a) of that section.
Textual Amendments
F1Words in s. 38(1)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 20(6), 27(3)
F2Words in s. 38(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 189(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F3S. 38(4A) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 189(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4Words in s. 38(8) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 20(7)(a), 27(3)
F5Words in s. 38(8) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 20(7)(b), 27(3)
Commencement Information
I1S. 38 in force at 12.4.2015, see s. 52(2)(a)