Protection of Vulnerable Groups (Scotland) Act 2007

66[F1Unlawful disclosure of confirmation of scheme membership]S

This section has no associated Explanatory Notes

(1)A person to whom [F2a confirmation of scheme membership is made available under section 54] commits an offence if the person discloses it to any other person.

(2)A person does not commit an offence under subsection (1) by disclosing the [F3confirmation of scheme membership]—

(a)to any of the person's employees,

(b)where the person is not an individual, to any member or officer of the person, or

(c)where the [F4confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F5carry out, or to be offered or supplied for, a regulated role]—

(i)to that other person,

(ii)to any of that other person's employees, or

(iii)where that other person is not an individual, to any member or officer of that other person.

(3)An individual to whom [F6a confirmation of scheme membership] is disclosed lawfully by virtue of subsection (2)(a) or (b) or (4)(a) commits an offence if the individual discloses it to any other person.

(4)An individual does not commit an offence under subsection (3) by disclosing the [F7confirmation of scheme membership], in the course of the individual's duties—

(a)to any other individual who is a member, officer or employee of the person to whom the [F8confirmation of scheme membership was made available under section 54], or

(b)where the [F9confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F10carry out, or to be offered or supplied for, a regulated role]—

(i)to that other person,

(ii)to any of that other person's employees, or

(iii)where that other person is not an individual, to any member or officer of that other person.

(5)A person to whom [F11a confirmation of scheme membership made available under section 54] is disclosed lawfully by virtue of subsection (2)(c)(i) or (4)(b)(i) commits an offence if the person discloses it to any other person.

(6)A person does not commit an offence under subsection (5) by disclosing the [F12confirmation of scheme membership]—

(a)to any of the person's employees, or

(b)where the person is not an individual, to any member or officer of the person.

(7)An individual to whom [F13a confirmation of scheme membership made available under section 54] is disclosed lawfully by virtue of subsection (2)(c)(ii) or (iii), (4)(b)(ii) or (iii) or (6) commits an offence if the person discloses it to any other person.

(8)An individual does not commit an offence under subsection (7) by disclosing the [F14confirmation of scheme membership], in the course of the individual's duties, to any other individual who is a member, officer or employee of the person for whose purposes the [F15confirmation of scheme membership was made available under section 54].

(9)A person to whom [F16a confirmation of scheme membership made available under section 54] is disclosed unlawfully commits an offence if the person discloses it to any other person.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 66 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)