SCHEDULES
SCHEDULE 2 Persons having the appropriate permission
Data obtained under statute by other persons but without a warrant
4
1
This paragraph applies—
a
in the case of protected information falling within section 49(1)(a), (b) or (c) which is not information in the case of which paragraph 2 or 3 applies; and
b
in the case of protected information falling within section 49(1)(d) which is not information also falling within section 49(1)(a), (b) or (c) in the case of which paragraph 3 applies.
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Subject to paragraph 6, where—
a
b
c
3
In any other case a person shall not have the appropriate permission by virtue of a grant of permission under paragraph 1 unless he is a person falling within sub-paragraph (4).
4
A person falls within this sub-paragraph if, as the case may be—
a
he is the person who exercised the statutory power or is of the description of persons who would have been entitled to exercise it;
b
he is the person to whom the protected information was provided or disclosed, or is of a description of person the provision or disclosure of the information to whom would have discharged the statutory duty; or
c
he is a person who is likely to be a person falling within paragraph (a) or (b) when the power is exercised or the protected information provided or disclosed.