PART 1

Disclosure of criminal history and other information

Offences relating to Level 1 and Level 2 disclosures

Offences under sections 42 and 44: supplementary provision
45
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.