Charities and Trustee Investment (Scotland) Act 2005

Sharing information S

24 [F1 Disclosure of information by and to OSCR: public bodies or office-holders] S

(1) OSCR may disclose any information to any public body or office-holder (in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom)—

(a) for any purpose connected with the exercise of OSCR's functions, or

(b) for the purpose of enabling or assisting the public body or office-holder to exercise any functions.

(2) Any person to whom this subsection applies may disclose any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions.

(3) Subsection (2) applies to—

(a) any office-holder in the Scottish Administration,

(b) the Scottish Parliamentary Corporate Body,

(c) any local authority,

(d) any constable, and

(e) any other Scottish public authority with mixed functions or no reserved functions.

(4) A power to disclose information under subsection (1) or (2) is, unless section 25 otherwise provides, subject to any obligation as to secrecy or other restriction on disclosure of the information however imposed.

Textual Amendments

F1 S. 24 heading substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 11(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

Commencement Information

I1 S. 24 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2

[F2 24A Disclosure of information by and to OSCR: designated religious charities S

(1) OSCR may disclose any information to a designated religious charity—

(a) for any purpose connected with the exercise of OSCR’s functions, or

(b) for the purpose of enabling or assisting the charity in relation to the exercise of any supervisory or disciplinary functions in respect of the component parts of the charity.

(2) A designated religious charity may disclose any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions.]

Textual Amendments

F2 S. 24A inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 11(3); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

25 Removal of restrictions on disclosure of certain information S

(1) No obligation as to secrecy or other restriction on disclosure of information however imposed prevents—

(a) OSCR from disclosing any information to a designated body for—

(i) any purpose connected with the exercise of OSCR's functions,

(ii) the purpose of enabling or assisting that body to exercise any functions,

(b) a designated body from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,

[F3 (ba) OSCR from disclosing any information to a designated religious charity for—

(i) any purpose connected with the exercise of OSCR’s functions,

(ii) the purpose of enabling or assisting that charity in relation to the exercise of any supervisory or disciplinary functions in respect of the component parts of the charity,

(bb) a designated religious charity from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,]

(c) a charity trustee of a charity from disclosing any information about that charity to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,

(d) any person from disclosing any information to OSCR about any matter in respect of which the person is required or authorised by section 46 to make a report to OSCR, or

(e) a relevant financial institution from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions under section 47.

(2) The Scottish Ministers may, by order, designate—

(a) for the purposes of paragraph (a) of subsection (1), any public body or office-holder in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom,

(b) for the purposes of paragraph (b) of that subsection, any Scottish public authority with mixed functions or no reserved functions,

and references in that subsection to a “designated body” are to be construed accordingly.

[F4 (3) Nothing in this section authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the provision made in this Act enabling or requiring the disclosure of information as mentioned in paragraphs (a) to (e) of subsection (1) is to be taken into account).

(4) In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.]

Textual Amendments

F3 S. 25(1)(ba)(bb) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 11(4)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F4 S. 25(3)(4) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 11(4)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

Commencement Information

I2 S. 25 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I3 S. 25 in force at 24.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2