Marine and Coastal Access Act 2009

9 (1) Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 142 where— U.K.

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

(b) the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under that section in relation to that offence.

(2) The persons are—

(a) the Crown Prosecution Service,

(b) a member of a police force in England or Wales,

(c) a Procurator Fiscal,

(d) a constable of [F1 the Police Service of Scotland],

(e) the Public Prosecution Service for Northern Ireland, or

(f) a member of the Police Service of Northern Ireland.

(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) the Data Protection Act 1998 (c. 29), or

(b) Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

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

Textual Amendments

F1 Words in Sch. 10 para. 9(2)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 62(3)

Commencement Information

I1 Sch. 10 para. 9 partly in force; Sch. 10 para. 9 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)