Part 1

Serious Crime Prevention Orders

General

Verification and disclosure of information
5A
1
This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order.
“
Information requirement
” means a requirement of the kind referred to in section 5(5)(a) or (b).
2
The law enforcement officer may, for the purpose of—
a
checking the accuracy of the information, or
b
discovering the true position,
disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.
3
Any other person may disclose information to—
a
the law enforcement officer, or
b
a person to whom the law enforcement officer has disclosed information under subsection (2),
for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).
4
The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—
a
the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or
b
the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
5
A disclosure under this section does not breach—
a
any obligation of confidence owed by the person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
6
But nothing in this section authorises a disclosure, in contravention of any provisions of
the data protection legislation
, of personal data which
is
not exempt from those provisions.
7
In this section, “
the data protection legislation
” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
S. 5A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 50(2), 88(1); S.I. 2015/820, reg. 2(i)
Words in s. 5A(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 144(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Word in s. 5A(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 144(2)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
S. 5A(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 144(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
S. 5A(1)-(10) modified (26.12.2023) by Energy Act 2023 (c. 52), ss. 135(9), 334(3)(c)