PART 5Risk of being drawn into terrorism

CHAPTER 2Support etc for people vulnerable to being drawn into terrorism

38Co-operation

1

The partners of a panel must, so far as appropriate and reasonably practicable, act in co-operation with—

a

the panel in the carrying out of its functions;

b

the police in the carrying out of their functions in connection with section 36.

2

The partners of a panel are the persons and bodies specified in Schedule 7.

3

The duty of a partner of a panel to act in co-operation with the panel—

a

includes the giving of information (subject to subsection (4));

b

extends only so far as the co-operation is compatible with the exercise of the partner’s functions under any other enactment or rule of law.

4

Nothing in this section requires or authorises the making of—

a

a disclosure that would contravene the Data Protection Act 1998;

b

a disclosure of any sensitive information.

5

“Sensitive information” means information—

a

held by an intelligence service,

b

obtained (directly or indirectly) from, or held on behalf of, an intelligence service,

c

derived in whole or part from information obtained (directly or indirectly) from, or held on behalf of, an intelligence service, or

d

relating to an intelligence service.

6

In carrying out the duty imposed by subsection (1), partners of a panel must have regard to any guidance given by the Secretary of State about the carrying out of that duty.

7

Before issuing guidance under subsection (6) the Secretary of State must (whether before or after this Act is passed) consult—

a

the Welsh Ministers so far as the guidance relates to panels in Wales;

b

the Scottish Ministers so far as the guidance relates to panels in Scotland;

c

any person whom the Secretary of State considers appropriate.

8

The reference in subsection (1)(b) to functions of the police in connection with section 36 includes, in particular, a chief officer’s function of determining whether an individual should be referred to a panel for the carrying out of an assessment of the kind mentioned in subsection (1)(a) of that section.