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SCHEDULES

SCHEDULE 7Information: restrictions on disclosure

Part 3Restrictions on further disclosures of information

Information generally

6(1)If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the original recipient, or

(ii)otherwise for a permitted purpose, and

(b)the Director General consents to the disclosure.

(2)This paragraph does not apply to a further disclosure of information if—

(a)paragraph 7 or 8 applies, or

(b)the NCA officer’s disclosure to the original recipient was a disclosure—

(i)to the Lord Advocate for the purposes of the exercise of the functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii)to the Scottish Ministers for the purposes of the exercise of the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002;

and for provision about the further disclosure of such information, see section 441 of PCA 2002.

(3)In this paragraph “relevant function” means any function of the original recipient for the purposes of which the information was disclosed to that recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7(1)This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.

(2)The information may be further disclosed by the Commissioners only if the disclosure is—

(a)for a purpose connected with any relevant function of the Commissioners, or

(b)otherwise for a permitted purpose.

(3)The information may be further disclosed by a person other than the Commissioners only if—

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the Commissioners, or

(ii)otherwise for a permitted purpose, and

(b)the Director General consents to the disclosure.

(4)In this paragraph “relevant function” means any function of the Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed only if the disclosure is—

(a)by the Lord Advocate to the Scottish Ministers, and

(b)for the purpose of the exercise by the Scottish Ministers of their functions under Part 5 of PCA 2002.