PART 1Disclosure of criminal history and other information

Offences relating to Level 1 and Level 2 disclosures

45Offences under sections 42 and 44: supplementary provision

1

Nothing in section 42 makes the disclosure of a Level 2 disclosure an offence where the disclosure is—

a

by the individual who is the subject of the Level 2 disclosure,

b

by any other person with the consent of the individual who is the subject of the Level 2 disclosure,

c

to an office-holder in the Scottish Administration or a government department,

d

to a statutory office-holder,

e

in accordance with any obligation to provide information imposed by virtue of any enactment,

f

for any other prescribed purpose.

2

Nothing in section 44 makes the use of a Level 2 disclosure for a purpose other than a permitted purpose an offence where the use is—

a

by the individual who is the subject of the Level 2 disclosure,

b

by any other person with the consent of the individual who is the subject of the Level 2 disclosure,

c

by an office-holder in the Scottish Administration or a government department,

d

by a statutory office-holder,

e

in accordance with any obligation to provide information imposed by virtue of any enactment,

f

in any other prescribed circumstances.

3

In this section and sections 42, 43 and 44(3), references to a Level 2 disclosure include references to any information contained in a Level 2 disclosure.