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Crime and Disorder Act 1998

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  • s. 1(1C) inserted by 2010 c. 17 s. 40(2) (This amendment not applied to legislation.gov.uk. S. 40 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 8A inserted by 2010 c. 17 s. 41(3) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 8A repealed by 2014 c. 12 Sch. 11 para. 24(c)
  • s. 9(2)(d) and word inserted by 2010 c. 17 s. 41(4)(b) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 9(2)(d) and word omitted by 2014 c. 12 Sch. 11 para. 26(4)(a)
  • s. 9(2AA) inserted by 2010 c. 17 s. 41(4)(c) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 9(2AA) repealed by 2014 c. 12 Sch. 11 para. 26(5)
  • s. 9(5A) inserted by 2020 c. 9 Sch. 2 para. 119(2) (This pre-consolidation amendment comes into force immediately before the consolidation date on 1.12.2020 (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416) to facilitate the sentencing consolidation and then is repealed immediately afterwards on 1.12.2020 by the Sentencing Act 2020 (c. 17), Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 9(5A) repealed by 2020 c. 17 Sch. 28
  • s. 9(7ZA) inserted by 2020 c. 17 Sch. 24 para. 153(3)
  • s. 41(5)(i)(ii) words inserted by 2020 c. 17 Sch. 24 para. 155(3)
  • Sch. 3 para. 3(11A) inserted by 2003 c. 44 Sch. 3 para. 71(d)

115 Disclosure of information.E+W+S

(1)Any person who, apart from this subsection, would not have power to disclose information—

(a)to a relevant authority; or

(b)to a person acting on behalf of such an authority,

shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.

(2)In [F1this section]relevant authority” means—

(a)the chief officer of police for a police area in England and Wales;

[F2(b)the chief constable of the Police Service of Scotland;]

(c)a [F3local policing body] within the meaning given by section 101(1) of the M1Police Act 1996;

(d)a local authority, that is to say—

(i)in relation to England, a county council, a district council, a London borough council [F4, a parish council] or the Common Council of the City of London;

(ii)in relation to Wales, a county council [F5, a county borough council or a community council];

(iii)in relation to Scotland, a council constituted under section 2 of the M2Local Government etc. (Scotland) Act 1994;

[F6(dza)a non-profit registered provider of social housing;]

[F7(da)a person registered under section 1 of the Housing Act 1996 as a social landlord;]

(e)a [F8local probation board] in England and Wales;

F9[F10(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F11(eb)probation trust

(ec)a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007]

(f)a [F12Local Health Board];

[F13(fa)the National Health Service Commissioning Board;

(fb)a clinical commissioning group;]

F14(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15[F16(h)the London Fire Commissioner;]

(i)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

[F17(ia)a fire and rescue authority created by an order under section 4A of that Act;]

(j)a metropolitan county fire and rescue authority.]

[F18(3)The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

(a)adding an entry for any person or body to the list of authorities in subsection (2),

(b)altering or repealing any entry for the time being included in the list, or

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(4)In subsection (3) “the appropriate national authority” has the same meaning as in section 5.]

Textual Amendments

F1Words in s. 115(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a)(5), Sch. 9 para. 7(2); S.I. 2007/1614, art 3(b); S.I. 2007/3251, art. 2

F3Words in s. 115(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 238; S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F4Words in s. 115(2)(d)(i) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(14)(a), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F5Words in s. 115(2)(d)(ii) substituted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(14)(b), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F7S. 115(2)(da) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 219, 270(3)(a)

F8Words in s. 115(2)(e) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F12Words in s. 115(2)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(f)

F15S. 115(2)(h) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 106

F16S. 115(2)(h)-(j) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a)(5), Sch. 9 para. 7(2); S.I. 2007/1614, art 3(b); S.I. 2007/3251, art. 2

F17S. 115(2)(ia) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 80; S.I. 2007/399, reg. 2, Sch. para. 38

F18S. 115(3)(4) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 7(3); S.I. 2007/1614, art. 3(b); S.I. 2007/3073, art. 2(a)

Modifications etc. (not altering text)

Commencement Information

I1S. 115 wholly in force; S. 115 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

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