Marine (Scotland) Act 2010

Disclosure of informationS

12(1)Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to the Scottish Ministers where—S

(a)the person has an enforcement function in relation to the offence, and

(b)the information is disclosed for the purpose of the exercise by the Scottish Ministers of any powers conferred on them under section 46 or 48 in relation to the offence.

(2)The persons are—

(a)a Procurator Fiscal,

(b)a constable of [F1the Police Service of Scotland].

(3)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.

(4)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)[F2the data protection legislation] , or

[F3(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.]

(6)This paragraph does not affect a power to disclose which exists apart from this paragraph.

[F4(7)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F1Words in Sch. 2 para. 12(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 39; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Words in sch. 2 para. 12(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 165(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I1Sch. 2 para. 12 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)