(This note is not part of the Order)
This Order makes provision for the disclosure of information to and by the Lord Advocate and the Scottish Ministers in respect of their functions under the Proceeds of Crime Act 2002 (“the Act”), in relation to criminal confiscation and civil recovery of the proceeds of unlawful conduct. This Order has effect throughout the UK.
Article 2 designates as permitted persons, for the purposes of section 439 (disclosure of information to Lord Advocate and to Scottish Ministers) of the Act, the persons listed in column 1 of the Schedule to the Order. The designations are made in respect of the functions specified in relation to those persons in column 2 of the Schedule. The persons so designated are in addition to the permitted persons listed in section 439(5) of the Act.
Article 3 designates functions for the purposes of section 441 (disclosure of information by Lord Advocate and by Scottish Ministers) of the Act. The functions designated are in addition to those mentioned in section 441(2)(a) to (i) of the Act.
By virtue of sections 439(3) and 441(7) of the Act, this Order has effect subject to the provisions of the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000.