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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.