C1C7C3C2C4C5C6 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)

C7

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

C4

Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)

C5

Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

C6

Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

I1I2124 Offences: disclosure.

1

A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section F1113A or 113B unless he discloses it, in the course of his duties,—

a

to another member, officer or employee of the registered body,

b

to a member, officer or employee of a body at the request of which the registered body F10countersignedF10acted as the registered person in relation to the application, or

c

to an individual at whose request the registered body F10countersignedF10acted as the registered person in relation to the relevant application.

2

Where information is provided under section F2113A or 113B following an application F8countersignedF8in relation to which the person who acted as the registered person did so at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.

3

Where information is provided under section F3113A or 113B following an application F9countersigned by or at the request of an individualF9in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual—

a

the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and

b

an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.

4

Where information provided under section F4113A or 113B is disclosed to a person and the disclosure—

a

is an offence under this section, or

b

would be an offence under this section but for subsection F12(5) or (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to F13subsections (5) and (6)F13subsection (6)) if he discloses it to any other person.

5

F11Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section F6113B(5) which is made with the written consent of the chief officer who provided the information.

6

Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section F5113A or 113B which is made—

a

with the written consent of the applicant for the certificate, or

b

to a government department, or

c

to a person appointed to an office by virtue of any enactment, or

d

in accordance with an obligation to provide information under or by virtue of any enactment, or

e

for the purposes of answering an exempted question (within the meaning of section F7113A) of a kind specified in regulations made by the Secretary of State, or

f

for some other purpose specified in regulations made by the Secretary of State.

7

A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.