F2Part V Certificates of Criminal Records, &c.

F1F2124AFurther offences: disclosure of information obtained in connection with delegated function

(1)

Any person who is engaged in the discharge of functions conferred by this Part on F3the Secretary of State F3DBS commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—

(a)

to another person engaged in the discharge of those functions,

(b)

to the chief officer of a police force in connection with a request under this Part to provide information to F3the Secretary of State F3DBS, or

(c)

to an applicant F4... who is entitled under this Part to the information disclosed to him.

(2)

Where information is disclosed to a person and the disclosure—

(a)

is an offence under subsection (1), or

(b)

would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),

the person to whom the information is disclosed commits an offence if he discloses it to any other person.

(3)

Subsection (1) does not apply to a disclosure of information which is made—

(a)

with the written consent of the person to whom the information relates,

(b)

to a government department,

(c)

to a person appointed to an office by virtue of any enactment,

(d)

in accordance with an obligation to provide information under or by virtue of any enactment, or

(e)

for some other purpose specified in regulations made by the Secretary of State.

(4)

A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.

(5)

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.

F5(6)

For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.

F6(6A)

For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).