Sexual Offences Act 2003

Information for verification U.K.

94 Part 2: supply of information to Secretary of State etc. for verification U.K.

(1) This section applies to information notified to the police under—

(a) section 83, 84 or 85, or

(b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

(2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a) the Secretary of State,

[F1 (aa) the Child Maintenance and Enforcement Commission,]

(b) a Northern Ireland Department, or

(c) a person providing services to the Secretary of State [F2 , the Child Maintenance and Enforcement Commission] or a Northern Ireland Department in connection with a relevant function,

for use for the purpose of verifying the information.

(3) The persons are—

(a) a chief officer of police (in Scotland, a chief constable),

[F3 (b) the National Policing Improvement Agency,]

[F4 (c) the Serious Organised Crime Agency.]

(4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—

(a) checking its accuracy by comparing it with information held—

(i) where the person is the Secretary of State [F5 , the Child Maintenance and Enforcement Commission] or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or

(ii) where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and

(b) compiling a report of that comparison.

(5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).

(6) This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).

(7) This section does not affect any power existing apart from this section to supply information.

(8) In this section—

• “Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

• “relevant function” means—

  (a)

  a function relating to social security, child support, employment or training,

  (aa)

  [F6 in relation to the Child Maintenance and Enforcement Commission, any function of that Commission,]

  (b)

  a function relating to passports,

  (c)

  a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

Textual Amendments

F1 S. 94(2)(aa) inserted (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(2)(a)(i)

F2 Words in s. 94(2)(c) inserted (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(2)(a)(ii)

F3 S. 94(3)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1(3), 53, Sch. 1 para. 90; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F4 S. 94(3)(c) substituted for s. 94(3)(c)(d) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 194; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F5 Words in s. 94(4)(a)(i) inserted (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(2)(b)

F6 S. 94(8): para. (aa) inserted in definition of "relevant function" (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(2)(c)

95 Part 2: supply of information by Secretary of State etc. U.K.

(1) A report compiled under section 94 may be supplied by—

(a) the Secretary of State,

[F7 (aa) the Child Maintenance and Enforcement Commission,]

(b) a Northern Ireland Department, or

(c) a person within section 94(2)(c),

to a person within subsection (2).

(2) The persons are—

(a) a chief officer of police (in Scotland, a chief constable),

[F8 (b) the Serious Organised Crime Agency.]

(3) Such a report may contain any information held—

(a) by the Secretary of State [F9 , the Child Maintenance and Enforcement Commission] or a Northern Ireland Department in connection with the exercise of a relevant function, or

(b) by a person within section 94(2)(c) in connection with the provision of services referred to there.

(4) Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—

(a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and

(b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5) Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.

Textual Amendments

F7 S. 95(1)(aa) inserted (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(3)(a)

F8 S. 95(2)(b) substituted for s. 95(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 195; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F9 Words in s. 95(3)(a) inserted (1.11.2008) by The Child Support (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/2656), reg. 3(3)(b)