Section 5 – Provision of information
19.Section 5 allows the Scottish Ministers, by notice in writing, to require a person to provide them with information the person holds which Ministers consider is necessary for the carrying out of their functions under this legislation. The Scottish Ministers’ functions under this legislation relate to—
the identifying of convictions which have been quashed by section 1,
the identifying of details of alternatives to prosecution which ought to be deleted,
the notification to the courts/police (as applicable),
the notification to those directly affected of the fact that the conviction has been quashed or, as the case may be, that the police have been directed to delete the details of the alternative to prosecution,
reporting on the operation of the Act.
20.In particular, paragraph 11 of these notes provides details about information which the Scottish Ministers may require access to. The ability to obtain information under this section would of course be subject to data protection legislation.
