C1Part 2Notification and orders
Information for verification
94Part 2: supply of information to Secretary of State etc. for verification
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,
F2aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a Northern Ireland Department, or
c
a person providing services to the Secretary of State F3... 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, F8the chief constable of the Police Service of Scotland),
F10b
the Director General of the National 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 F4... 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 F11the data protection legislation.
7
This section does not affect any power existing apart from this section to supply information.
8
In this section—
F12“ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“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
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 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)).
- a
95Part 2: supply of information by Secretary of State etc.
1
A report compiled under section 94 may be supplied by—
a
the Secretary of State,
F6aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F9the chief constable of the Police Service of Scotland),
F1b
the Serious Organised Crime Agency.
3
Such a report may contain any information held—
a
by the Secretary of State F7... 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.
Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2