(1)Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of this section) may be disclosed to the Lord Advocate in connection with the exercise of any of his functions under Part 3 or to the Scottish Ministers in connection with the exercise of any of their functions under Part 5.
(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3)But nothing in this section authorises the making of a disclosure—
(a)which contravenes the Data Protection Act 1998;
(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.
(4)This section does not affect a power to disclose which exists apart from this section.
(5)These are permitted persons—
(a)a constable;
[F1(b)the Director General of the Serious Organised Crime Agency;]
(d)the Director of the Serious Fraud Office;
(e)the Commissioners of Inland Revenue;
(f)the Commissioners of Customs and Excise;
(g)the Director of Public Prosecutions;
(h)the Director of Public Prosecutions for Northern Ireland.
(6)The Scottish Ministers may by order designate as permitted persons other persons who exercise functions which they believe are of a public nature.
(7)But an order under subsection (6) must specify the functions in respect of which the designation is made.
(8)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(9)The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
Textual Amendments
F1S. 439(5)(b) substituted for s. 439(5)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 177; S.I. 2006/378, art. 4(1), Sch. para. 10
Commencement Information
I1S. 439 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I2S. 439 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.