The Representation of the People (Scotland) (Amendment) Regulations 2006

Amendment to provision about restriction on use of the full register, or of information contained in it, supplied in accordance with enactments or obtained otherwise

13.—(1) Regulation 95 of the 2001 Regulations shall be amended as follows.

(2) Paragraphs (2) and (3) shall be omitted.

(3) After paragraph (1) insert–

“(2) No person to whom this regulation applies may–

(a) supply a copy of the full register,

(b) disclose any information contained in it (that is not contained in the edited register), or

(c) make use of any such information,

other than for a permitted purpose construed in accordance with paragraph (3).

(3) The “permitted purpose”–

(a) where the copy was supplied or the information obtained in pursuance of a relevant provision, means the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision;

(b) where the copy was not supplied or the information was not disclosed in pursuance of a relevant provision–

(i) in the case of a person to whom the copy of the full register was made available for inspection under supervision in accordance with regulations 43(1)(a), 96(2)(a) and (3), 98(4)(a) and 108A(6)(a) and (b), does not include direct marketing within the meaning of section 11(3) of the Data Protection Act 1998; and

(ii) in any other case, means any purpose for which the person to whom this regulation applies could have obtained a copy of the register or the information contained in it pursuant to any enactment, including these Regulations.”.