Disclosure of information
12(1)Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to the Scottish Ministers where—
(a)the person has an enforcement function in relation to the offence, and
(b)the information is disclosed for the purpose of the exercise by the Scottish Ministers of any powers conferred on them under section 46 or 48 in relation to the offence.
(2)The persons are—
(a)a Procurator Fiscal,
(b)a constable of a police force in Scotland.
(3)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.
(4)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).
(5)Nothing in this paragraph authorises the making of a disclosure in contravention of—
(a)the Data Protection Act 1998 (c.29), or
(b)Part 1 of the Regulation of Investigatory Powers Act 2000 (c.23).
(6)This paragraph does not affect a power to disclose which exists apart from this paragraph.